LB 


M&3 
.198.1 


UC-NRLF 


SB    2D    bbfl 


STATE  OF  MISSOURI 


GIFT 


REVISED  SCHOOL  LAWS 


Revised  Statutes,  1919,  Amended  Laws  1921,  and  New  Laws 

Enacted  by  the  51st  General  Assembly,  With  Court 

Decisions,  Forms  and  Comments  for  the 

Use  of  School  Officers 

1921 


This  Copy  of  the  School  Laws  is  the  Property  of  the  State 

of  Missouri  and  Should  be  Turned  Over  to  His 

Successor  by  a  School  Officer  Upon 

Retiring  from  Office 


PUBLISHED  ACCORDING  TO  LAW  BY 

SAM  A.  BAKER 

STATE  SUPERINTENDENT  OF  PUBLIC  SCHOOLS 
SECTION   11334 


GIFT  OF 


STATE  OF  MISSOURI 


REVISED   SCHOOL    LAWS 


Revised  Statutes,  1919,  Amended  Laws  1921,  and  New  Laws 

enacted  by  the  5ist  General  Assembly,     With  Court 

Decisions,  Forms  and  Comments  for  the 

Use  of  School  Officers 

1921 

This  Copy  of  the  School  Laws  is  the  Property  of  the  State 

of  Missouri  and  Should  be  Turned  Over  to  His 

Successor  by  a  School  O nicer  Upon 

Retiring  from  Office 


PUBLISHED  ACCORDING  TO  LAW  BY 

SAM  A.  BAKER 

STATE  SUPERINTENDENT  OF  PUBLIC  SCHOOLS 
SECTION  11334 


GIFT 


JEFFERSON  CITY 

THE  HUGH  STEPHENS  Co 

PRINTERS 


THIS  VOLUME  IS  STATE  PROPERTY 

AND  IS  FOR  THE  USE  OF 


of ,   district    No .... 

County  of ,   State  of  Missouri. 


School  officials,  on  retiring  from  office,  should  deliver  this 
volume,  with  all  other  books  and  documents  of  an  official  charac- 
ter, to  their  successors. 


(3) 


478376 


f 

V 


A  REQUEST 

On  account  of  the  many  new  school  laws  enacted  by  the  last 
assembly  there  is  a  great  demand  for  the  Revised  School  Laws, 
and,  as  the  edition  is  limited,  we  respectfully  request  all  school 
officers  and  others  who  may  have  occasion  to  use  these  laws  to 
conserve  the  supply  with  prudence  and  care  until  the  time  when 
the  law  requires  a  new  edition  to  be  printed. 

(4) 


a* 

w 


FOREWORD 


Laws  are  made  for  our  convenience,  guidance  and  protec- 
tion. It  is  not  only  our  duty  to  become  familiar  with  these 
laws  but  we  should  strive  to  obey  them.  "Law  is  simply  a  his- 
tory of  human  experience  reduced  to  a  set  of  rules  and  principles 
which  our  forefathers  have  thought  wise."  Law  is  universal. 
All  creation  is  governed  by  it.  Divine  law  is  nothing  more  than 
the  method  by  which  God  works.  So  law  is  a  rule  of  action  for 
harmonious  cooperation.  Obedience  to  law  insures  progress  and 
happiness. 

The  people  of  Missouri  take  a  just  pride  in  their  laws  and 
are  anxious  to  use  and  honor  them  with  a  determined  patriotic 
ardor.  Never  have  so  many  and  important  public  school  laws 
of  our  state  been  collected  in  one  volume.  We  are  striving  for  a 
greater  and  nobler  American  citizenship.  We  become  a  better, 
happier,  and  more  useful  people  mainly  through  the  avenues  of 
proper  education. 

For  this  reason  school  laws  stand  at  the  very  top  as  our  most 
brilliant  guide  posts.  We  feel  that  all  people  who  have  any- 
thing to  do  with  school  administration  and  also  those  who  have 
any  interest  in  the  welfare  of  our  state  will  take  kindly  to  these 
laws  and  familiarize  themselves  with  their  true  meaning  and 
import. 

The  most  urgent  duty  that  now  lies  before  us  is  to  honestly 
test  and  sacredly  guard  the  new  laws  that  have  been  enacted  by 
the  general  assembly  of  1921  and  combine  their  usefulness  with 
all  our  former  well  tried  educational  laws. 

By  sincerely  and  fairly  working  together  for  good,  under 
these  laws,  our  people  will  become  imbued  with  a  new  spirit  for 
true  mental  growth,  and  we  earnestly  appeal  to  all  progressive 
citizens  to  be  ever  ready  to  offer  reasonable  suggestions  for  im- 
provement that  our  future  lawmakers  may  have  a  clear  basis 
upon  which  to  build  still  better  laws. 

SAM  A.  BAKER, 

State  Supt.  of  Public  Schools. 
May  1,   1921. 

(5) 


REVISED 

SCHOOL  LAWS  OF  MISSOURI 

Revised  Statutes,  1919,  amended  laws  of  1921  and  the  new 
laws  enacted  by  the  51st  General  Assembly 


CHAPTER  102 


SCHOOLS 

ARTICLE  I.  Classification  of  public  schools. 

II.  Laws  applicable  to  all  classes  of  schools. 

III.  Laws  applicable  to  common  schools. 

IV.  Laws  applicable  to  city,  town  and  consolidated  schools. 
V.  Vocational  education. 

VI.  Special  state  aid  for  high  schools  and  teacher-training  courses. 

VII.  State  aid  for  teacher-training  courses  in  cities  of  75,000  inhabit- 
ants or  over. 

VIII.  Laws  applicable  to  certain  school  districts. 

IX.  Compulsory  attendance  of  children. 

X.  State  superintendent.  ,     , 

XI.  County  superintendents. 

XII.  Teachers'  certificates,  how  obtained  or  revoked. 

XIII.  County  textbook  commission. 

XIV.  State  board  of  education. 


ARTICLE  I. 

CLASSIFICATION   OF   PUBLIC   SCHOOLS. 
Sec.  11123.  Schools — classification  of. 

Sec.  11123.  Schools — classification  of. — The  public  schools 
of  this  state  are  hereby  classified  as  follows: 

First,  all  districts  having  only  three  directors  shall  be  known 
as  common  school  districts;  second,  all  districts  outside  of  incor- 
porated cities,  towns  and  villages,  which  are  governed  by  six 
directors,  shall  be  known  as  consolidated  school  districts;  third, 
all  districts  governed  by  six  directors  and  in  which  is  located  any 
city  of  the  fourth  class,  or  any  incorporated  town  or  village,  shall 
be  known  as  town  school  districts,  and  fourth,  all  districts  in 
which  is  located  any  city  of  the  first,  second  or  third  class  shall 
be  known  as  city  school  districts.  (R.  S.  1919,  §  11123.) 

A  town  school  district  as  classified  by  the  third  subdivision  of  this  section  may 
lawfully  levy  as  much  as  one  hundred  cents  on  the  one  hundred  dollars  valuation 
as  taxes  for  school  purposes,  although  territory  outside  the  limits  of  the  city  or 
town  is  included  in  the  district.  State  ex  rel.  Buck  v.  Railroad,  263  Mo.  689, 
174  S.  W.  64. 

(7) 


8 


School  Laws. 


A  &ht>£l*4il!ttl&V,6]'&  cltj?  «f  the'.third  class  is  a  city  school  district  and  conse- 
quently a •box!j5  ^GTfxo'ral'e*  *t*He  nfe'inbers  of  the  board,  however,  are  individually 
responsible  to  a  materialman  on  a  mechanic's  lien  suit  where  they  have  failed  to 
compel  a  contractor  to  give  a  bond  as  required  by  law.  Burton  Machinery  Co. 
v.  Ruth  et  al.,  194  A.  194,  186  S.  W.  737. 

School  districts  are  quasi  corporations.  52  Mo.  309;  54  Mo.  458.  Territory 
outside  of  corporate  limits  may  be  attached,  how.  53  Mo.  127;  60  Mo.  540;  65 
Mo.  587.  School  districts  not  subject  to  garnishment.  42  A.  460. 

A  school  district  is  not  a  "political  subdivision  of  the  State"  within  the  meaning 
of  section  12,  article  VI,  of  the  Constitution.  238  Mo.  407. 

When  a  new  district  is  formed  in  the  manner  provided  by  law,  the  matter 
should  be  reported  to  the  county  clerk,  and  by  him  to  the  county  court,  whose 
duty  it  is  by  order  made  of  record  to  denominate  and  number  the  same.  89 
Mo.  158. 


ARTICLE  II. 


LAWS    APPLICABLE    TO   ALL    CLASSES    OF   SCHOOLS. 


Sec. 

11124.  Forfeiture  of  organization,  etc. 

11125.  High  schools  in  certain  districts — how 
attendance  may  be  arranged — trans- 
portation, etc. 

11126.  Free  transportation  of  pupils — how  ob- 
tained— by  whom  paid. 

11127.  Board  of  directors  authorized  to  bor- 
row money. 

11128.  Restrictions  on  loans. 

11129.  Renewal  funding  bonds,  issue  of. 

1 1 130.  Exchange  and  sale  of  funding  bonds. 

11131.  Redeemed  bonds  to  be  destroyed. 

11132.  Tax  levy  for  sinking  fund. 

11133.  Tax  levy  for  annual  interest. 

11134.  Care  of  property  and  purchase  of  ma- 
terial— free  use   of  houses,   buildings 
and  grounds — for  what  purposes. 

11134a.  Provide  lunches — how. 

11135.  Rules  and  regulations — admission  of 
non-residents. 

11136.  Contagious  diseases  among  pupils. 

1 1 137.  Employment  of  teachers. 

11138.  Contract  construed. 

11139.  Visitation  of  schools. 

11140.  Enumeration  lists. 

11141.  Board  may  provide  for  gratuitous  ed- 
ucation of  persons  between  five  and 
six  and  over  twenty  years,  how. 

11142.  Estimate. 

11143.  Condemnation  of  site. 

11144.  Separate  schools  for  white  and  colored 
children. 

11145.  Schools   for   colored   children,    estab- 
lishment of. 

11146.  Colored     children — right     to     attend 
other  schools  for  colored  children  in 
the  county. 

11147.  Providing  for  instruction  of  defectives. 

11148.  Districts  may  join  in  forming  special 
classes. 

11149.  State  superintendent  to  inspect  and 
approve. 

1 1 150.  State  board  of  charities  may  act,  when. 
11150a.  Training  speech  defectives. 


Sec. 

11150b.  Special  classes  for  certain  defectives. 

11150c.  Duties  of  school  officers. 

11151.  Increase  of  tax  levy  for  maintaining 
schools. 

1 1 152.  Increase  of  tax  levy  for  erecting  school- 
house  and  similar  purposes. 

11153.  Notice  of  meeting  to  increase  tax  levy. 

11154.  Special  meetings. 

11155.  School  day,  week,  month  and  year. 

11156.  Arbor  day. 

11157.  Bird  day. 

11158.  Injuring   school   property — failure   of 
certain  officers  to  perform  duty — pen- 
alty. 

11159.  School  moneys,  how  applied. 

11160.  Teachers — certificate   before   employ- 
ment. 

11161.  Teacher  and  directors  guilty  of  misde- 
meanor, when. 

11162.  Instruction  in  physiology  and  hygiene. 

11163.  Frances  Willard  day. 

11164.  Register  of  attendance. 

11165.  County  school  funds. 

11166.  School  fund  not  to  be  loaned  to  cer- 
tain persons — penalty.  .  - 

11167.  County  court  to  have  jurisdiction  of 
county  school  fund. 

11168.  Collection  of  fines,  penalties  and  other 
school  moneys. 

11169.  Township  school  fund,  source  of. 

11170.  Management  of  school  funds. 

11171.  Transfer  of  funds  when  county  lines 
are  changed. 

11172.  Capital   of  township  fund,   how  in- 
vested. 

11173.  Security  for  loans. 

11174.  Form  of  mortgages — notice  of  sale — 
fees,  how  paid. 

11175.  County  court  may  require  additional 
security. 

11176.  County  court  may  make  order  of  sale, 
when. 

11177.  Receipts  for  principal  qr  interest  of 
loan  paid, 


Revised  School  Laws. 


11178.  Authority   to   repossess   property   by 
purchase. 

11179.  Apportionment  of  public  school  fund. 

11180.  School  state  aid  in  case  of  infectious 


Sec. 

11186.  Collector's  receipts  and  compensation. 

11187.  Collections  of  delinquent  taxes. 

11188.  County  treasurers  and  their  duties. 

11189.  Settlement  of  county  or  township 
treasurer. 

1 1 190.  Penalty  for  failure  to  make  settlement. 

11191.  Title  of  property. 

11192.  Formation  of  new  districts — notice  of 
proposed  organization. 

11193.  Organization  of  new  district. 

11194.  Directors,  election  of. 

11195.  Division   of  property   and   valuation 
thereof  when  new  district  is  formed. 

11196.  Powers  and  duties  of  officers. 


11181.  Correction  of  error  in  apportionment — 
distribution  of  funds. 

11182.  Distribution  of  funds  when  township 
lies  in  two  counties. 

11183.  Duties    of   county    clerk — assessment 
of  estimates. 

11184.  Compensation    of    county    clerk    for 
labor  on  tax  books. 

11185.  Report  of  county  clerk  to  state  super- 
intendent. 

Sec.  11124.  School  district  forfeits  its  organization,  when 
and  how — pupils  of  certain  districts  may  be  sent  to  other  dis- 
tricts, when. — Whenever  any  school  district  in  this  state,  now 
organized  or  that  may  be  hereafter  organized  under  the  laws  of 
this  state,  shall  fail  or  refuse,  for  the  period  of  one  year,  to  pro- 
vide for  an  eight  months'  school  in  such  year,  provided  a  levy  of 
forty  cents  on  the  one  hundred  dollars'  valuation,  together  with 
the  public  funds  and  cash  on  hand,  will  enable  them  to  have  so 
long  a  term,  the  same  shall  be  deemed  to  have  lapsed  as  a  cor- 
porate body,  and  the  territory  theretofore  embraced  within  such 
lapsed  district  shall  be  deemed  and  taken  as  unorganized  territory, 
and  the  same,  or  any  portion  thereof,  may  be  attached  to  any 
adjoining  district  or  districts  for  school  purposes,  in  the  same 
manner  as  is  now  provided  in  section  11199:  Provided,  that  no 
school  district  shall  be  deemed  to  have  lapsed  where  the  failure 
to  make  the  needed  provision  for  the  eight  months  of  school 
results  from  the  irregular  or  void  proceedings  had  for  that  pur- 
pose: Provided,  that  in  any  district  enumerating  fewer  than 
twenty-five  children  the  board  may,  from  year  to  year,  arrange 
with  the  board  or  boards  of  other  district  or  districts  for  the 
admission  of  all  children  of  school  age  in  said  district  containing 
fewer  than  twenty-five  children  enumerated,  and,  if  desired, 
arrange  for  transporting  children  to  and  from  school.  And, 
when  ratified  by  a  two-thirds  vote  of  the  qualified  voters  of  said 
school  district,  voting  at  a  special  meeting,  such  arrangements 
shall  be  final,  and  the  board  will  be  authorized  to  issue  warrants 
upon  the  teachers'  fund  for  payment  of  tuition,  and  upon  the 
incidental  fund  for  the  payment  of  cost  of  transporting  pupils. 
(R.  S.  1919,  §  11124.) 

Construction. — The  corporate  existence  of  a  school  district  which  has  been 
maintaining  a  school  several  years  cannot  be  attacked  by  an  injunction  suit  to 
restrain  collection  of  taxes.  Quo  warranto  is  the  only  appropriate  remedy.  Black 
v.  Early,  208  Mo.  281,  106  S.  W.  1014. 

Where  a  district  held  only  five  months  school  the  district  lapsed  and  became 
unorganized  territory  and  the  directors  could  be  ousted  by  QUO  warranto  proceed- 
ings. State  ex  rel.  v.  Claxton,  263  Mo.  701,  173  S.  W.  1049. 

A  term  of  eight  months  must  be  maintained,  provided  the  maintenance  levy, 
together  with  the  public  funds  and  cash  on  hand,  are  adequate.  If  the  money 
from  the  above  sources  is  not  adequate  to  maintain  an  eight-months'  term,  the 
school  must  be  continued  until  the  teachers'  fund  is  expended. 


10  Revised  School  Laws. 

Sec.  11125.  High  schools  in  certain  districts — how  attend- 
ance may  be  arranged — transportation,  etc. — Whenever  any 
school  district  in  this  state,  now  organized  or  that  may  hereafter 
be  organized  and  that  is  now  or  may  hereafter  be  located  in  a 
county  that  now  has  or  that  may  hereafter  have  a  population  of 
more  than  two  hundred  and  fifty  thousand  arid  less  than  five 
hundred  thousand  inhabitants,  has  less  than  fifty  children  who 
are  of  school  age  and  who  have  the  necessary  qualifications  to 
be  admitted  to  high  school  and  have  declared  their  intention  of 
attending  high  school  the  ensuing  year  at  the  taking  of  the 
enumeration  provided  for  by  section  11140  Revised  Statutes  of 
Missouri  1919,  the  board  of  such  district  may  arrange  with  the 
board  or  boards  of  any  other  district  or  districts  for  the  admission 
of  all  such  children  who  have  the  qualifications  for  admission  to 
high  school,  and  if  desired  arrange  for  transporting  such  children 
to  and  from  such  school  or  schools.  And  when  ratified  by  a 
two-thirds  vote  of  the  qualified  voters  of  such  district,  voting  at 
a  special  election  such  arrangements  shall  be  made  final  and  the 
board  shall  be  authorized  to  make  such  arrangements  from  year 
to  year  thereafter  without  calling  a  special  election  to  ratify  such 
arrangements  until  petitioned  by  ten  qualified  voters  request- 
ing that  a  special  election  be  held  therefor.  And  the  board 
shall  be  authorized  to  issue  warrants  upon  the  teachers  fund  for 
the  payment  of  tuition  and  upon  the  incidental  fund  for  the  pay- 
ment of  the  cost  of  transporting  pupils;  provided  that  at  such 
special  election  the  proposition  of  the  payment  of  tuition  and  the 
proposition  of  the  payment  of  transportation  shall  be  voted  upon 
separately.  Provided  further,  that  school  districts  making  such 
arrangements  with  a  first  class  high  school  or  maintaining  a  first 
class  high  school  in  lieu  thereof  shall  be  governed  by  the  laws 
of  and  classed  as  a  school  district  maintaining  a  first  class  high 
school.  (R.  S.  1919,  §  11125,  amended  Laws  1921,  S.  B.  445.) 

Sec.  11126.  Free  transportation  of  pupils — how  obtain- 
ed— by  whom  paid. — Whenever  the  board  of  directors  of  any 
school  district  or  board  of  education  of  a  consolidated  district  shall 
deem  it  advisable,  or  when  they  shall  be  requested  by  a  petition 
of  ten  taxpayers  of  such  district,  to  provide  for  the  free  trans- 
portation to  and  from  school,  at  the  expense  of  the  district,  of 
pupils  living  more  than  one-half  mile  from  the  schoolhouse,  for 
the  whole  or  for  part  of  the  school  year,  said  board  of  directors, 
or  board  of  education  shall  submit  to  the  qualified  voters  of  such 
school  district,  who  -are  taxpayers  in  such  district,  at  an  annual 
meeting  or  a  special  meeting,  called  and  held  for  that  purpose, 
the  question  of  providing  such  transportation  for  the  pupils  of 
such  school  district:  Provided,  that  when  a  special  meeting  is 
called  for  this  purpose,  a  due  notice  of  such  meeting  shall  be  given 
as  provided  for  in  section  11154.  If  two-thirds  of  the  voters, 
who  are  taxpayers,  voting  at  such  election,  shall  vote  in  favor  of 
such  transportation  of  pupils  of  said  school  district,  the  board  of 


Revised  School  Laws.  11 

directors  or  board  of  education  shall  arrange  for  and  provide  such 
transportation.  The  board  of  directors  or  board  of  education 
shall  have  authority  and  are  empowered  to  make  all  needful 
rules  and  regulations  for  the  free  transportation  of  pupils  herein 
provided  for,  and  are  authorized  to  and  shall  require  from  every 
person,  employed  for  that  purpose,  a  reasonable  bond  for  the 
faithful  discharge  of  his  duties,  as  prescribed  by  the  board.  Said 
board  of  directors  or  board  of  education  shall  pay  by  warrant  the 
expenses  of  such  transportation  out  of  the  incidental  fund  of  the 
district.  (R.  S.  1919,  §  11126.) 

Sec.  11127.     School  loan— method  of  voting — sale  of  bonds. 

For  the  purpose  of  purchasing  schoolhouse  sites,  erecting  school- 
houses,  library  buildings  and  furnishing  the  same,  and  building 
additions  to  or  repairing  old  buildings,  the  board  of  directors  shall 
be  authorized  to  borrow  money  and  issue  bonds  for  the  payment 
thereof,  in  the  manner  herein  provided.  The  question  of  loan 
shall  be  decided  at  an  annual  school  meeting  or  at  a  special  elec- 
tion to  be  held  for  that  purpose.  Notice  of  said  election  shall  be 
given  at  least  fifteen  days  before  the  same  shall  be  held,  by  at 
least  five  written  or  printed  notices,  posted  in  five  public  places  in 
the  school  district  where  said  election  shall  be  held,  and  the 
amount  of  the  loan  required,  and  for  what  purposes;  it  shall  be 
the  duty  of  the  clerk  to  sign  and  post  said  notices.  The  qualified 
voters  at  said  election  shall  vote  by  ballot.  Those  voting  in  favor  of 
the  loan  shall  have  written  or  printed  on  their  tickets,  "For  the 
loan;"  those  voting  against  the  loan,  the  words  "Against  the  loan;" 
and  if  two-thirds  of  the  votes  cast  on  the  proposition  shall  be  "for 
the  loan,"  the  district  board  shall  be  vested  with  the  power  to  bor- 
row money,  in  the  name  of  the  district,  to  the  amount  and  for  the 
purpose  specified  in  the  notices  aforesaid,  subject  to  the  restrictions 
of  the  following  section.  When  bonds  are  voted  under  this  sec- 
tion for  the  erection  of  one  or  more  school  houses,  to  be  erected 
on  the  same  or  different  sites  in  common  school  districts,  said 
bonds  shall  not  be  negotiated  by  said  board  until  said  bonds 
have  been  deposited  with  the  county  or  township  in  which  said 
district  shall  be  situated,  and  upon  the  order  of  said  board,  and 
the  payment  to  the  county  or  township  treasurer  of  the  amount 
agreed  to  be  received  for  the  same  by  said  board,  from  the  persons 
loaning  said  money  upon  said  bonds.  The  county  or  township 
treasurer  shall  countersign  said  bonds  and  deliver  the  same  to  the 
person  or  persons  named  by  said  board  of  directors;  but  no  such 
bonds  shall  be  sold  for  such  an  amount  that  the  net  proceeds, 
after  deducting  expenses  and  commissions  from  the  same,  shall 
be  less  than  ninety  cents  on  the  dollar  of  the  face  value  thereof, 
and  all  renewal  funding  bonds  issued  by  such  districts,  to  be 
exchanged  for  outstanding  bonds  of  said  districts,  or  for  the 
purpose  of  being  sold  to  raise  sufficient  funds  to  pay  any  out- 
standing bonds  thereof,  shall  not  be  exchanged,  negotiated  or 
sold  by  the  board  of  directors  of  said  districts  except  as  above  pro- 
vided, and  not  until  the  purchase  price  thereof,  or  the  bonds  to  be 


12  Revised  School  Laws. 

exchanged  therefor,  shall  be  turned  over  to  the  county  or  town- 
ship treasurer;  and  said  treasurer  shall  write  or  print  the  words 
"Paid  by  renewal  bonds"  across  the  face  of  said  bonds  so  received 
in  exchange,  and  sign  the  same  before  delivering  the  said  renewal 
bonds  to  said  board.  The  said  county  or  township  treasurer  and 
his  securities  shall  be  responsible,  on  his  official  bond,  for  all 
moneys,  bonds  or  securities  received  by  him  under  this  section. 
(R.  S.  1919,  §  11127.) 

*  Note. — Sec.  10777,  R.  S.  1909,  was  twice  amended  in  1911  by  two  different 
bills,  neither  referring  to  the  other,  the  words  enclosed  in  the  first  brackets  being 
the  amendment  found  in  the  Laws  of  1911  at  page  394;  the  words  contained  in  the 
second  brackets  being  the  amendment  found  in  Laws  of  1911  at  page  395;  the  re- 
vision committee,  having  no  power  to  change  the  law  as  written,  has  therefore 
so  inserted  it. 

General  construction. — No  petition  is  necessary  to  call  election  to  vote  bonds 
under  this  section.  Richardson  v.  McReynolds,  114  Mo.  641,  21  S.  W.  901.  Board 
may  issue  bonds  for  a  less  sum  than  the  amount  authorized  by  vote;  and  also  may 
issue  renewal  bonds  for  a  larger  sum  than  voted  when  necessary  to  cover  accrued 
interest  on  first  bonds.  Bauer  v.  District,  78  A.  442.  The  payment  of  commission 
which  reduces  net  proceeds  of  bonds  to  eighty-nine  cents  on  the  dollar,  while  not 
authorized,  does  not  render  such  bonds  void.  Franklin,  etc.  v.  Roscoe,  75  Mo.  408. 
Recitals  in  bonds  that  the  law  governing  their  issue  has  been  complied  with 
is  not  evidence  of  that  fact  and  does  not  estop  district  from  contesting  them.  Heard 
v.  District,  45  A.  660;  Thornburg  v.  District,  175  Mo.  12,  75  S.  W.  81.  When 
record  of  district  fails  to  affirmatively  show  that  an  election  was  ordered  and  a  day 
fixed  by  the  board  to  vote  on  the  proposition  to  borrow  money  and  issue  bonds, 
the  bonds  are  void.  Thornburg  v.  District,  175  Mo.  12,  75  S.  W.  81. 

Consolidated  school  districts  are  authorized  to  vote  bonds  under  the  pro- 
visions of  this  section.  State  ex  rel.  Clark  v.  Gordon,  261  Mo.  631,  170  S.  W.  892. 
The  fact  that  the  issue  voted  on  was  the  purchase  of  two  sites,  building  two 
schoolhouses  and  furnishing  the  same,  does  not  vitiate  the  bonds  for  alleged  double- 
ness;  it  is  but  a  single  proposition.  State  ex  rel.  Carrollton  School  Dist.  v.  Gordon, 
231  Mo.  547,  133  S.  W.  44.  See,  also,  State  ex  rel.  Memphis  School  Dist.  v.  Gor- 
don. 223  Mo.  1,  122  S.  W.  1008. 

Two  separate  and  distinct  propositions  for  incurring  indebtedness  cannot  be 
combined  and  submitted  jointly  as  one  question,  State  ex  rel.  v.  Gordon,  268  Mo. 
321,  188  S.  W.  88,  overruling  the  Memphis  case,  223  Mo.  1,  122  S.  W.  1008, 
and  the  Carrollton  case,  231  Mo.  547,  133  S.  W.  44. 

There  are  two  methods  of  securing  a  building  fund:  (1)  By  a  sale  of  bonds 
under  section  11127;  (2)  by  levy  for  building  purposes,  under  section  11152. 
Neither  requires  a  petition  of  taxpayers  or  voters.  In  either  case  the  board  of 
directors  may  take  the  initiative.  114  Mo.  641.  Under  section  11152,  the  board 
shall  proceed  to  determine  the  rate  of  taxation  necessary  for  building  purposes 
when  "requested  by  petition  of  ten  taxpayers  of  any  school  district."  Both  sec- 
tions apply  to  all  classes  of  school  districts  —  to  city,  town,  consolidated  and 
common  school  districts.  Again,  both  the  loan  and  the  levy  for  building  purposes 
may  be  voted  upon  at  either  an  annual  or  special  meeting.  In  both  cases  notice 
is  required,  and  to  carry  the  proposition,  it  is  necessary  that  two-thirds  of  the 
qualified  voters  voting  on  the  proposition  vote  therefor. 

Note  that  section  11 127  requires  the  notices  to  state  "the  amount  of  the  loan 
required  and  for  what  purposes."  School  boards  and  annual  meetings  sometimes 
desire  to  vote  upon  a  loan  smaller  than  that  stated  in  the  notices.  This  cannot 
be  legally  done.  Notices  must  be  posted  in  at  least  five  public  places  within  the 
district.  Newspaper  publication  is  not  sufficient. 

School  boards  should  be  careful  to  observe  the  provisions  of  section  1063, 
R.  S.  1919,  in  negotiation  of  bonds  for  the  purpose  of  building  schoolhouses,  or  for 
any  other  purpose,  in  order  that  the  same  may  obtain  validity.  This  section 
requires  that  the  bond  shall  bear  the  indorsement  of  the  state  auditor,  who  is 
entitled  to  receive  from  the  board  all  the  necessary  certificates  and  copies  of  record 


Revised  School  Laws.  13 

evidencing  a  full  compliance  with  the  law  governing  their  issuance,  which  evidence 
is  to  be  filed  and  preserved  in  his  office.  Upon  request  the  state  auditor  will 
furnish  necessary  blanks,  which  will  enable  the  board  to  carry  out  the  provisions 
of  this  section. 

The  state  superintendent  cannot  furnish  blank  school  bonds.     They  may  be 
obtained  from  any  printing  or  stationery  house  dealing  in  official  blanks. 

FORM   OF   NOTICE   OF  SPECIAL  SCHOOL   ELECTION. 


Notice  is  hereby  given  to  the  qualified  voters  of  school  district  No.  —  of 


county,  Missouri,  that  a  special  school  election  will  be  held  at  the  schoolhouse  in 

said  school  district    on ,  the day  of ,  19 — ,  commencing  at  2  o'clock 

p.  m.,  to  vote  upon  the  following  propositions: 

1.  To  authorize  the  school  board  to  issue  bonds  to  the  amount  of 

thousand  dollars   ($ ),  for  the  erection  of  a  school  building  and  the  purchase 

of  a  school  site. 

2.  To  select acres  of  land  located   (describe  land)  as  a  school  site 

for  the  school  building. 

Done  by  order  of  the  school  board  this day  of ,  19 — . 

• ,  Secretary  of  School  Board. 

Sec.  11128.  Restrictions  on  loans. — The  loan  authorized 
by  the  preceding  section  shall  not  be  contracted  for  a  longer  period 
than  twenty  years,  and  the  entire  amount  of  said  loan  shall  at  no 
time  exceed,  including  the  present  indebtedness  of  said  district, 
in  the  aggregate  five  per  cent,  of  the  value  of  the  taxable  property 
therein,  to  be  ascertained  by  the  assessment  next  before  the  last 
assessment  for  state  and  county  purposes  previous  to  the  incur- 
ring of  said  indebtedness,  the  rate  of  interest  to  be  agreed  upon  by 
the  parties,  but  in  no  case  to  exceed  the  highest  legal  rate  allowed 
by  contract;  when  effected,  it  shall  be  the  duty  of  the  directors  to 
provide  for  the  collection  of  an  annual  tax  sufficient  to  pay  the 
interest  on  said  indebtedness  as  it  falls  due,  and  also  to  constitute 
a  sinking  fund  for  the  payment  of  the  principal  thereof  within 
the  time  said  principal  shall  become  due.  (R.  S.  1919,  §  11128.) 

General  construction. — When  a  district  authorized  the  issue  of  bonds  in  ex- 
cess of  the  five  per  cent,  limit  recited  in  this  section  and  in  Sec.  12,  Art.  X  of  Const, 
all  of  such  issue  is  void,  notwithstanding  the  district  received  the  proceeds  thereof. 
Thornburg  v.  District  Three,  175  Mo.  12,  75  S.  W.  81.  When  bonds  are  legally 
voted  and  issued,  no  subsequent  assent  of  voters  is  necessary  to  authorize  tax  levy 
to  meet  annual  interest  and  create  sinking  fund  to  pay  such  bonds.  Benton  v. 
Scott,  168  Mo.  378,  68  S.  W.  78;  Evans  v.  West  Plains,  186  Mo.  703,  85  S.  W.  873. 

The  validity  of  the  organization  of  a  district  cannot  be  raised  by  suit  to  en- 
join collection  of  taxes,  nor  can  the  payment  of  illegal  taxes  be  resisted  without 
first  paying  or  tendering  such  taxes  as  are  legally  due.  Burnham  v.  Rogers,  167 
Mo.  17,  66  S.  W.  970;  Black  v.  Early,  208  Mo.  281,  106  S.  W.  1014.  A  failure  to 
provide  a  sinking  fund  for  payment  of  bonds  does  not  affect  their  validity.  Bauer 
v.  District,  78  A.  442. 

Merchants  and  manufacturers  licenses  should  be  included  as  a  part  of  the 
property  subject  to  taxation  for  the  purpose  of  voting  bonds.  Jarman  v.  School 
District  of  Union,  264  Mo.  646,  175  S.  W.  893. 

Irregularity  in  the  issuing  of  bonas  cannot  affect  an  innocent  holder.  45 
A.  660. 

This  section  imposes  two  restrictions:  First,  as  to  the  period  for  which  the 
loan  may  be  affected;  and,  second,  as  to  the  amount.  The  limitation  on  the  amount 
of  the  loan — five  per  cent,  of  the  value  of  taxable  property — is  a  constitutional 
limitation  (article  X.  section  12  of  Constitution  of  1875).  "The  highest  legal  rat« 
of  interest  allowed  by  contract,"  spoken  of  in  this  section,  is  eight  per  cent. 


14  Revised  School  Laws. 

Sec.  11129.     Renewal  funding  bonds,  issue  of. — The  board 
of  directors  of  any  school  district,  organized  under  any  general  or 
special  law  of  this  state,  is  hereby  authorized  to  issue  funding  and 
refunding  bonds  for  the  district,  to  be  exchanged  for  outstanding 
bonds  of  the  district,  or  sold  for  the  purpose  of  meeting  and  pay- 
ing  any   matured   or   maturing   bonded   indebtedness   thereof. 
Each  bond  shall  be  of  the  denomination  of  not  more  than  one 
thousand  and  not  less  than  one  hundred  dollars,  and  shall  bear 
interest  not  to  exceed  eight  per  cent,  per  annum,  and  such  in- 
terest shall  be  payable  semi-annually,  and  to  this  end  each  bond 
shall  have  semi-annual  coupons  attached  thereto  and  be  made 
payable  to  bearer:     Provided,  that  no  bonds  issued  under  this 
section  shall  be  payable  in  less  than  five  years  nor  more  than 
thirty  years  from  the  date  thereof,  and  shall  be  payable,  princi- 
pal and  interest,  in  the  city  of  St.  Louis  or  the  city  of  New  York, 
at  the  option  of  the  board  of  directors,  or  as  may  be  agreed  upon 
by  such  board  of  directors  and  the  purchaser  of  such  bonds. 
Such  board  of  directors  shall  be  empowered  to  prepare  and  issue 
from  time  to  time  such  number  of  renewal  bonds  as  may  be  neces- 
sary for  the  objects  and  purposes  of  this  law,  and  each  bond  shall 
be  signed  by  the  president,  countersigned  by  the  secretary  or 
clerk,  and  authenticated  by  the  seal  of  such  board  of  directors,  if 
there  be  one;  and  shall  also  be  attested  by  the  clerk  of  the  county 
court  of  the  county  in  which  such  district  is  located,  and  he  shall 
put  the  seal  of  said  court  on  each  of  said  bonds.     The  secretary  or 
clerk  of  the  board  of  directors  shall  keep  a  record  in  the  books 
of  the  school  district  of  all  the  renewal  bonds  that  may  be  issued 
by  the  board  of  directors  under  the  provisions  of  this  chapter, 
noting  the  date  when  issued  and  when  due,  and  also  the  number 
and  amount  of  each  bond  so  issued,  and  shall  also  keep  a  full 
record  of  all  transactions  that  may  be  necessary  for  the  identifi- 
cation of  such  bonds.     (R.  S.  1919,  §  11129.) 

This  section  applies  to  the  bonds  legally  issued  by  district  organized  under 
special  law.  St.  Joseph,  etc.  v.  Gaylord,  86  Mo.  401.  If  there  be  unpaid  interest 
on  original  bonds,  new  bonds  may  be  issued  to  cover  both  principal  and  interest 
of  such  old  bonds.  Bauer  v.  District,  78  A.  442. 

Sec.  11130.    Exchange    and    sale    of    funding    bonds. — 

Boards  of  directors  are  empowered  to  exchange  the  afore- 
said bonds  for  any  bonds  that  may  now  be  outstanding 
against  any  school  district  so  indebted;  but  no  renewal  bonds 
shall  be  exchanged  for  any  outstanding  bond  for  a  sum  less  than 
ninety  cents  on  the  dollar  of  its  face  value.  Said  boards  of  direc- 
tors shall  also  be  empowered  to  sell  such  renewal  bonds  for  cash  if, 
in  their  judgment,  it  will  be  to  the  interest  of  such  school  district; 
but  no  commission  shall  be  allowed  or  cost  incurred  in  the  ex- 
change or  sale  of  said  bonds  which  will  reduce  the  net  proceeds  of 
the  same  to  a  less  amount  than  ninety  cents  on  the  dollar,  and 
all  sums  of  money  realized  from  the  sale  of  said  renewal  bonds 
shall  be  used  in  the  redemption  of  outstanding  bonds  of  the 
school  district.  (R.  S.  1919,  §  11130.) 


Revised  School  Laws.  15 

Payment  of  a  commission  which  reduced  net  proceeds  below  ninety  cents  on 
dollar  is  illegal,  but  does  not  render  bonds  void.  Franklin,  etc.  v.  Roscoe,  75  Mo. 
408. 

Sec.  11131.  Redeemed  bonds  to  be  destroyed.- — Whenever 
any  bonds  shall  be  redeemed,  as  provided  for  in  this  chapter,  such 
bonds  shall  be  burned  in  the  presence  of  a  majority  of  the  mem- 
bers of  the  board  of  directors,  and  two  other  credible  persons  as 
witnesses  of  the  fact,  and  the  secretary  or  clerk  of  the  board  of 
directors  shall  record  in  the  books  of  the  school  district  a  descrip- 
tion of  the  bonds  so  destroyed  by  noting  the  date  when  issued  and 
when  due,  and  the  number  and  amount  of  each  of  said  bonds,  and 
specify  what  members  of  the  board  of  directors,  and  who  as  wit- 
nesses, were  present  at  the  burning  of  said  bonds.  (R.  S.  1919, 
§  11131.) 

Payment  of  bonds. — When  bonds  payable  to  bearer  are  redeemed  before 
maturity,  and  instead  of  burning  same  the  board  allows  them  to  remain  in  hands 
of  its  agent,  who  fraudulently  sells  them  to  an  innocent  purchaser,  the  district  will 
have  to  pay  them  again.  Fogg  v.  District,  75  A.  159. 

Sec.  11132.  Tax  levy  for  sinking  fund. — Boards  of  direc- 
tors are  hereby  authorized  to  make  an  estimate  for  the  levy  of  a 
tax,  not  to  exceed  two-fifths  of  one  per  cent.,  upon  all  the  taxable 
property  of  the  school  district  at  its  assessed  valuation,  said  tax 
to  be  levied  and  collected  in  the  same  manner  as  other  taxes  for 
school  purposes;  and  the  money  arising  from  said  tax  shall  con- 
stitute a  sinking  fund,  and  shall  be  used  only  for  the  redemption 
of  any  outstanding  bonds  of  such  district:  Provided,  that  if 
such  outstanding  bonds  cannot  be  obtained,  then  such  money 
shall  be  invested  in  United  States  bonds  or  bonds  of  the  state  of 
Missouri,  or,  if  at  any  time  the  board  of  directors  deem  it  advis- 
able, they  may  loan  such  money  at  the  same  rate  of  interest 
and  in  the  same  manner  and  subject  to  the  same  restrictions  as 
to  security  as  the  township  school  funds  are  loaned,  until  such 
time  as  said  outstanding  bonds  can  be  obtained.  (R.  S.  1919, 
§  11132.) 

General  construction. — When  bonds  are  legally  issued  no  vote  of  district  is 
necessary  to  authorize  the  tax  estimates  for  annual  interest  and  for  sinking  funds. 
Kansas  City,  etc.  v.  Chapin,  162  Mo.  409,  62  S.  W.  1000;  Benton  v.  Scott,  168 
Mo.  378;  Evans  v.  West  Plains,  186  Mo.  703,  85  S.  W.  873.  Illegal  taxes  cannot 
be  resisted  without  paying  such  taxes  as  are  legal.  Black  v.  Early,  208  Mo.  281, 
106  S.  W.  1014. 

Sec.  11133.  Tax  levy  for  annual  interest. — Boards  of  direc- 
tors are  hereby  authorized  to  make  an  estimate  for  the  levy  of  a 
tax  upon  all  the  taxable  property  of  the  school  district  at  its 
assessed  valuation,  said  tax  to  be  levied  and  collected  as  other 
taxes  for  school  purposes — said  tax  to  be  sufficient  in  amount  to 
pay  the  annual  interest  on  all  bonds  of  their  respective  districts, 
and  to  pay  for  the  printing  or  engraving  of  any  bonds  that  may 
be  issued  by  virtue  of  this  chapter.  (R.  S.  1919,  §  11133.) 

All  cases  cited  under  Sec.  11132  apply  to  this  section. 


16  Revised  School  Laws. 

Sec.  11134.  Care  of  property  and  purchase  of  material- 
free  use  of  houses,  buildings  and  grounds — for  what  purposes.— 
The  board  of  directors  or  board  of  education  shall  have  the  care 
and  keeping  of  all  property  belonging  to  the  district,  and  shall 
provide  the  necessary  globes,  maps,  charts,  apparatus,  supple- 
mentary books,  and  other  material  for  the  use  of  the  school. 
The  board  shall  keep  the  schoolhouses  and  other  buildings  in 
good  repair,  the  grounds  belonging  thereto  in  good  condition,  and 
shall  provide  fuel,  heating  apparatus,  and  other  material  and 
appliances  necessary  for  the  proper  heating,  lighting,  ventilation 
and  sanitation  of  the  schoolhouses;  shall  have  the  floors  swept 
and  the  fires  made  at  the  expense  of  the  district,  and  cause  an 
accurate  account  of  the  expense  thereof  to  be  kept  and  a  report  of 
the  same  to  be  made  at  the  next  annual  meeting.  The  board  of 
directors,  or  board  of  education,  having  charge  of  the  school- 
houses,  buildings  and  grounds  appurtenant  thereto,  may  allow 
the  free  use  of  such  houses,  buildings  and  grounds  for  the  free 
discussion  of  public  questions  or  subjects  of  general  public  in- 
terest, for  the  meeting  of  organizations  of  citizens,  and  for  such 
other  civic,  social  and  educational  purposes  as  will  not  interfere 
with  the  prime  purpose  to  which  such  houses,  buildings  and 
grounds  are  devoted:  Provided,  that  at  any  annual  or  special 
meeting  the  use  of  the  schoolhouse  for  any  of  the  above  purposes 
may  by  a  majority  vote  of  the  qualified  voters  voting  on  the 
proposition  be  prohibited.  Such  prohibition  shall  remain  in 
effect  until  the  next  annual  school  meeting.  Whenever  any  such 
application  shall  be  granted  and  the  use  of  such  houses,  buildings 
or  grounds  shall  be  permitted  for  the  purposes  aforesaid,  the 
board  of  directors,  or  board  of  education,  having  charge  of  the 
same,  may  provide,  free  of  charge,  heat,  light,  and  janitor  service 
therein  when  necessary,  and  may  make  such  other  provisions, 
free  of  charge,  as  may  be  needful  for  the  convenient  and  com- 
fortable use  of  such  houses,  buildings  and  grounds  for  such  pur- 
poses, or  said  boards  of  directors,  or  boards  of  education,  may 
require  all  such  expenses  to  be  paid  by  the  organizations  or  per- 
sons who  are  allowed  the  use  of  the  houses,  buildings  and  grounds. 
All  persons  upon  whose  application,  or  at  whose  request,  the  use 
of  any  schoolhouse,  building,  or  part  thereof  or  any  grounds 
appurtenant  thereto,  may  be  permitted  as  herein  provided,  shall 
be  jointly  and  severally  liable  for  any  injury  or  damage  thereto 
which  directly  results  from  such  use,  ordinary  wear  and  tear 
except  ed:  Provided,  however,  this  article  shall  not  apply  to  cities 
which  have  or  may  hereafter  have  75,000  inhabitants  or  more. 
(R.  S.  1919,  §  11134.) 

General  construction. — In  making  contract  for  the  district  the  board  must 
strictly  follow  the  statute.  If  the  contract  is  not  in  writing,  no  recovery  can  be  had 
for  services  rendered  or  materials  furnished  under  same.  The  teacher  cannot  bind 
the  district  for  services  of  a  janitor,  and  all  contracts  made  with  the  directors  when 
not  assembled  as  a  board  are  void.  Taylor  v.  District,  60  A.  372;  Kane  v.  Calhoun, 


Revised  School  Laws.  17 

48  A.  408;  State  v.  Lawrence,  178  Mo.  350,  77  S.  W.  497.  But  see  Hibbard  v. 
District,  135  A.  721,  116  S.  W.  487. 

The  proceedings  of  board  at  a  meeting  held  outside  of  the  district  are  void. 
State  v.  Kessler,  136  A.  236,  117  S.  W.  85.  The  district  will  not  be  bound  by  an 
entry  on  its  records  showing  the  acceptance  of  a  written  proposition  unless  such 
record  shows  the  proposition  was  accepted  in  the  form  it  was  made.  Perkins  v, 
District,  99  A.  483,  74  S.  W.  122.  See  Sec.  2169,  requiring  all  contracts  by  districts 
to  be  in  writing. 

A  resolution  to  close  a  schoolhouse  against  a  literary  society,  adopted  at  a 
meeting  held  outside  the  district,  is  void.  State  v.  Kessler,  136  A.  236,  117  S.  W. 
85. 

When  furniture  of  school  district  remains  in  schoolroom  and  the  key  in 
possession  of  the  trustees,  they  are  in  possession  of  the  schoolhouse.  27  Mo. 
251.  Directors  acting  separately  and  apart  cannot  bind  district.  67  Mo.  319. 
Acts  of  directors  to  bind  corporations  must  be  done  in  their  official  capacity. 
26  Mo.  102.  Proceedings  of  board  of  school  directors  must  be  shown  by  their 
record.  48  A.  408.  No  action  can  be  maintained  against  school  -district  upon 
an  order  drawn  upon  treasurer  by  one  or  more  of  the  directors  of  the  district. 
67  Mo.  319.  By  this  section  the  board  is  required  to  purchase  out  of  the  incidental 
funds  supplementary  reading  which  is  as  necessary  to  the  success  of  the  school  as 
blackboards  and  crayons,  and  more  necessary  than  maps  and  charts. 

In  exercising  their  right  to  enter  into  contracts  binding  upon  the  district, 
the  board  of  directors  is  confined  to  the  manner  and  the  conditions  required  by 
the  terms  of  the  statute.  The  purpose  of  these  requirements  is  that  the  terms  of 
the  contract  shall  in  no  essential  particular  be  left  in  doubt,  or  to  be  determined  at 
some  other  time.  If  a  person  can,  without  such  contract,  bind  the  district  im- 
pliedly  for  the  value  of  his  services,  he  would  defeat  the  purpose  of  the  legislature 
in  enacting  the  law. 

The  law  will  not  make  that  valid  without  writing  which  it  requires  to  be  in 
writing.  30  A.  456. 

"No  power  exists  in  the  board  of  school  directors  to  rent  buildings  or  rooms 
separate  from  the  schoolhouse  and  employ  a  teacher  for  a  supplementary  school 
therein."  50  A.  39. 

Board  of  directors  has  right  under  certain  circumstances  to  reject  any  and  all 
bids,  and  no  action  for  damages  arises.  122  Mo.  61. 

Sec.  11134a.  Provide  lunches — how. — The  board  of  direc- 
tors, or  board  of  education,  shall  have  the  power,  in  its  discretion, 
to  install  in  the  school  buildings  under  its  care  the  necessary 
apparatus  and  appliances,  and  to  purchase  the  necessary  food 
to  enable  it  to  provide  and  sell  lunches  to  children  attending  the 
schools;  provided,  however,  that  such  lunches  shall  not  be  so 
sold  for  a  less  price  than  the  cost  of  the  food,  exclusive  of  the  cost 
of  the  necessary  apparatus  and  appliances  and  exclusive  of  costs 
necessary  and  incidental  to  the  purchase  of  the  food  and  the  pre- 
paring and  serving  of  the  lunches.  (Laws  of  1921,  S.  B.  73.) 

Sec.  11135.  Rules  and  regulations — admission  of  nonresi- 
dents.— The  board  shall  have  power  to  make  all  needful  rules  and 
regulations  for  the  organization,  grading  and  government  in  their 
school  districts — said  rules  to  take  effect  when  a  copy  of  the  same, 
duly  signed  by  order  of  the  board,  is  deposited  with  the  district 
clerk,  whose  duty  is  shall  be  to  transmit  forthwith  a  copy  of  the 
same  to  the  teachers  employed  in  the  schools;  said  rules  may  be 
amended  or  repealed  in  like  manner.  They  shall  also  have  the 
power  to  suspend  or  expel  a  pupil  for  conduct  tending  to  the 
demoralization  of  the  school,  after  notice  and  a  hearing  upon 


18  Revised  School  Laws. 

charges  preferred,  and  may  admit  pupils  not  residents  within  the 
district,  and  prescribe  the  tuition  fee  to  be  paid  by  the  same: 
Provided,  that  the  following  children,  if  they  be  unable  to  pay 
tuition,  shall  have  the  privilege  of  attending  school  in  any  district 
in  this  state  in  which  they  may  have  a  permanent  or  temporary 
home:  First,  orphan  children;  second,  children  bound  as  ap- 
prentices; third,  children  with  only  one  parent  living,  and  fourth, 
children  whose  parents  do  not  contribute  to  their  support:  Pro- 
vided further,  that  any  person  paying  a  school  tax  in  any  other 
district  than  that  in  which  he  resides  shall  be  entitled  to  send  his 
or  her  children  to  school  in  the  district  in  which  such  tax  is  paid 
and  receive  credit  on  the  amount  charged  for  tuition  to  the  extent 
of  such  school  tax.  (R.  S.  1919,  §  11135.) 

Section -construed, — When  the  board  fails  to  make  rules  for  government  of 
school,  the  teacher  may  make  such  rules  as  are  reasonable  and  necessary  and  may 
enforce  them.  He  may  prohibit  pupils  from  quarreling  or  fighting  in  going  to  and 
from  school,  and  may  prescribe  the  course  of  study  when  no  other  lawful  authority 
has  done  so.  Deskins  v.  Gose,  85  Mo.  485;  State  ex  rel.  v.  Millsap,  130  A.  683, 
108  S.  W.  1183.  A  rule  prescribed  by  board  that  a  pupil  who  is  absent  six  half 
days  in  four  weeks  without  satisfactory  excuse  shall  be  expelled  is  reasonable. 
King  v.  Board,  71  Mo.  628.  Likewise  a  rule  made  while  smallpox  is  prevalent, 
excluding  pupils  who  have  not  been  vaccinated.  State  ex  rel.  v.  Cole,  220  Mo. 
697,  119  S.  W.  424. 

Though  no  rules  have  been  made,  the  board  may,  after  examination  and  hear- 
ing, expel  a  pupil  who  defies  the  teacher  and  intentionally  tries  to  demoralize  the 
school  by  swearing,  fighting,  or  other  obnoxious  and  filthy  conduct.  State  ex  rel. 
v.  Hamilton,  42  A.  24.  The  board  cannot  control  the  conduct  of  pupils  after  they 
return  home,  and  a  rule  prohibiting  them  from  attending  social  parties  is  illegal. 
Dritt  v.  Snodgrass,  66  Mo.  286. 

Nonresident  parent  cannot,  by  mandamus,  compel  board  to  give  him  credit 
on  tuition  of  his  children,  with  taxes  paid  in  district.  He  should  pay  or  tender  any 
balance  due  the  district,  and  then,  if  his  children  are  refused  admittance,  bring  his 
action  of  mandamus  to  secure  their  admittance.  State  v.  Clark,  18  A.  531. 

A  child  residing  with  his  grandfather  under  an  agreement  with  the  child's 
father  not  made  solely  for  the  purpose  of  sending  the  child  to  school  is  entitled  to 
attend  school  where  his  grandfather  resides  without  paying  tuition,  falling  within 
the  terms  of  the  4th  provision  as  to  exemption.  State  ex  rel.  Halbert  v.  Clymer. 
164  A.  671,  147  S.  W.  1119. 

This  law  should  be  liberally  construed  so  that  the  advantage  of  securing 
an  education  will  be  free  as  possible.  Northern  v.  McCaw,  189  A.  362,  175  S.  W. 
317. 

By  this  section  boards  of  school  directors  are  empowered  to  adopt  needful 
and  reasonable  rules  for  the  grading  and  government  of  the  schools  in  their  dis- 
trict. In  the  absence  of  rules  being  furnished  by  the  board,  the  teacher  may  adopt 
such  rules  and  punish  pupils  for  infractions  of  same.  The  board  should  see  that 
the  official  course  of  study  is  followed.  In  this  way  may  system  and  Uniformity 
be  secured. 

The  power  to  suspend  or  expel  a  pupil  belongs  exclusively  to  the  board  of 
directors.  Before  this  power  can  be  exercised  the  accused  must  be  furnished  a 
copy  of  the  charges  preferred  and  be  granted  an  opportunity  to  defend  himself 
against  such  charges. 

This  section  provides  that  children  whose  parents  do  not  contribute  to  their 
support  may  attend  school  without  payment  of  tuition  in  any  district  in  which 
such  children  may  find  a  permanent  or  temporary  home. 

The  board  is  authorized  to  admit  nonresident  pupils  and  prescribe  the  tuition 
to  be  paid  by  same/ and  the  board  may  admit  to  the  schools  persons  over  twenty 
years  of  age,  just  as  nonresidents  are.  admitted.  • 


Revised  School  Laws.  19 

Where  a  person  residing  in  one  school  district  sends  to  school  in  another  dis- 
trict in  which  he  pays  a  school  tax,  how  to  obtain  credit  on  tuition.  18  A.  523. 
Courts  have  no  power  to  prescribe  what  shall  or  shall  not  be  taught  in  the  public 
schools.  The  term  common  school  means  schools  open  and  public  to  all,  rather 
than  of  a  definite  grade.  7  A.  566;  77  Mo.  484. 

A  resident  of  a  school  district  is  not  entitled  to  attend  the  public  schools  of 
the  district  unless  he  is  within  the  age  limited  by  the  Constitution,  namely,  be- 
tween the  ages  of  six  and  twenty  years.  61  A.  407. 

Coming  temporarily  within  a  district  to  reside  during  the  scholastic  year,  for 
the  purpose  of  sending  children  to  the  school  of  that  district,  is  not  allowable,  and 
the  party  so  doing  is  not  entitled  to  free  tuition.  84  A.  140. 

A  teacher  has  the  right  to  inflict  reasonable  punishment  for  misconduct  by 
whipping.  It  must  be  administered  for  a  salutary  purpose  to  maintain  the  dis- 
cipline and  efficiency  of  the  school.  There  is  no  such  thing  as  reasonable  punish- 
ment from  a  malicious  motive.  88  A.  354. 

Sec.  11136.  Contagious  diseases  among  pupils. — It  shall 
be  unlawful  for  any  child  to  attend  any  of  the  public  schools  of 
this  state  while  afflicted  with  any  contagious  or  infectious  disease, 
or  while  liable  to  transmit  such  disease  after  having  been  exposed 
to  the  same.  For  the  purpose  of  determining  the  diseased  condi- 
tion, or  the  liability  of  transmitting  such  disease,  the  teacher  or 
board  of  directors  shall  have  power  to  require  any  child  to  be 
examined  by  a  physician  or  physicians,  and  to  exclude  such  child 
from  school  so  long  as  there  is  any  liability  of  such  disease  being 
transmitted  by  the  same.  A  refusal  on  the  part  of  the  parent  or 
guardian  to  have  an  examination  made  by  a  physician  or  physi- 
cians, at  the  request  of  the  teacher  or  board  of  directors,  will 
authorize  the  teacher  or  board  of  directors  to  exclude  such 
child  from  school;  and  any  parent  or  guardian  who  shall  persist  in 
sending  a  child  to  school,  after  having  been  examined  as  provided 
by  this  section,  and  found  to  be  afflicted  with  any  contagious  or 
infectious  disease,  or  liable  to  transmit  the  same,  or  after  having 
refused  to  have  such  child  examined  as  herein  provided,  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be 
punished  by  a  fine  of  not  less  than  five  nor  more  than  one  hun- 
dred dollars.  (R.  S.  1919,  §  11136.) 

When  smallpox  exists  in  the  neighborhood  of  school,  board  may  exclude  pupils 
who  refuse  to  be  vaccinated.  In  re  Rebenack,  62  A.  8;  State  ex  rel.  v.  Cole,  220 
Mo.  697,  119  S.  W.  424. 

Schools  cannot  be  closed  on  account  of  contagious  diseases  unless  ordered  by 
board  of  health,  or  on  agreement  of  both  parties  to  the  contract. 

Sec.  11137.  Employment  of  teachers.— The  board  shall 
have  power,  at  a  regular  or  special  meeting,  to  contract  with  and 
employ  legally  qualified  teachers  for  and  in  the  name  of  the  dis- 
trict; all  special  meetings  shall  be  called  by  the  president  and  each 
member  notified  of  the  time,  place  and  purpose  of  the  meeting. 
The  contract  shall  be  made  by  order  of  the  board;  shall  specify 
the  number  of  months  the  school  is  to  be  taught  and  the  wages  per 
month  to  be  paid;  shall  be  signed  by  the  teacher  and  the  president 
of  the  board,  and  attested  by  the  clerk  of  the  district  when  the 
teacher's  certificate  is  filed  with  said  clerk,  who  shall  return  the 
certificate  to  the  teacher  at  the  expiration  of  the  term.  The 


20  Revised  School  Laws. 

certificate  must  be  in  force  for  the  full  time  for  which  the  contract 
is  made.  The  board  shall  not  employ  one  of  its  members  as 
teacher,  nor  shall  the  teacher  serve  as  clerk  of  the  district.  All 
transactions  of  the  board  under  this  section  must  be  recorded  by 
and  filed  with  the  district  clerk.  (R.  S.  1919,  §  11137.) 

General  construction. — The  directors  have  no  power  to  hire  a  teacher  until  they 
assembled  as  a  board.  Pugh  v.  District,  114  A.  688.  91  S.  W.  471.  When  all 
members  of  a  board  are  present,  whether  the  meeting  is  upon  notice  or  by  accident, 
they  may  lawfully  hire  teachers  and  transact  other  business,  and  their  failure  to 
make  and  preserve  minutes  of  their  proceedings  does  not  render  their  acts  illegal. 
Decker  v.  District,  101  A.  115;  Hibbard  v.  Smith,  135  A.  721,  116  S.  W.  487. 
But  see  State  v.  Lawrence,  178  Mo.  350,  77  S.  W,  497.  If  the  teacher  has  a  cer- 
tificate at  time  he  is  hired,  this  is  sufficient,  though  it  expires  before  end  of  term  for 
which  he  is  employed.  Hibbard  v.  District,  135  A.  721,  116  S.  W.  487.  Failure 
of  clerk  to  attest  contract,  or  failure  to  deposit  same  with  clerk,  does  not  render  it 
void.  McShane  v.  District,  70  A.  624;  Hibbard  v.  District,  135  A.  721,  116  S.  W. 
487. 

If  contract  is  illegal,  the  fact  that  it  appears  regular  on  its  face  and  was  re- 
corded by  the  clerk  does  not  prevent  the  district  from  disputing  its  legality.  Pugh 
v.  District,  114  A.  688,  91  S.  W.  471.  When  a  majority  of  board,  duly  assembled- 
by  their  record  authorize  the  president  and  clerk  to  sign  contract  with  a  teacher, 
the  district  cannot  enjoin  her  from  teaching  simply  because  the  president  of  board 
failed  to  perform  his  duty  in  refusing  to  sign  the  contract.  School  District  v.  Ed- 
monston,  50  A.  65.  When  new  directors  are  elected  and  qualified,  the  old  directors 
have  no  power  to  hire  a  teacher.  Loomis  v.  Coleman,  51  Mo.  21.  When  a  con- 
tract is  produced,  signed  by  all  three  of  directors,  the  burden  of  showing  it  is  invalid 
rests  upon  the  district.  Armstrong  v.  District,  28  A.  169. 

Members  of  school  board  wantonly  obstructing  a  teacher  in  the  discharge  of 
his  duty  are  individually  liable  therefor.  55  Mo.  149;  98  App.  163.  An  order  of 
school  board  entered  of  record  to  employ  teacher  will  be  sufficient  to  constitute 
contract,  though  no  written  contract  be  entered  into  if  teacher  renders  service 
thereunder.  63  Mo.  137;  see  28  A.  169.  School  board  has  no  power  to  discharge 
teacher,  but  when  his  certificate  is  revoked,  he  is  disqualified  from  further  teaching 
in  public  schools  in  that  county.  78  Mo.  226;  19  A.  462.  Not  necessary  that 
teacher  have  certificate  that  reaches  to  end  of  term  for  which  she  is  employed 
provided  that  during  the  term  she  has  proper  certificate.  50  A.  65.  See,  also, 
135  A.  721. 

When  a  teacher  has  been  elected,  the  district  record  should  show  the  name  of 
the  teacher,  the  number  of  months  the  school  is  to  be  taught,  and  the  wages  per 
month  to  be  paid.  An  order  should  also  be  entered  directing  the  president  and 
clerk  to  enter  into  written  contract  with  the  teacher.  It  then  becomes  the  duty 
of  the  president  of  the  board  to  sign  such  contract,  and  he  may  be  removed  from 
office  for  a  refusal  to  do  so.  Upon  two  points  the  law  specifically  requires  that  the 
contract  shall  be  definite,  the  number  of  months  the  school  is  to  be  taught  and  the 
wages  per  month  to  be  paid.  A  contract  for  five  months,  or  longer,  provided 
there  is  sufficient  money  to  maintain  a  longer  term,  is  only  valid  for  five  months. 
In  some  districts  a  contract  is  made  with  the  teacher  at  so  much  per  month  and 
whatever  tuition  he  may  collect.  This  is  a  plain  violation  of  law.  The  tuition 
fees  must  be  collected  and  turned  into  the  treasury  to  the  credit  of  the  teachers' 
fund;  see  also  Sec.  11223,  R.  S.  1919. 

Complaint  is  sometimes  made  by  teachers  that  they  have  been  regularly 
employed,  the  district  record  showing  such  employment,  but  that  through  some 
neglect  the  contract  was  not  drawn,  and  the  members  of  the  board  having,  for 
some  reason,  changed  their  minds,  rescind  their  former  action  and  employ  another 
teacher.  This  is  an  injustice  to  the  person  first  employed,  but  he  has  no  remedy, 
as  the  contract  is  not  binding  on  the  district  until  it  is  made  in  writing  and  signed. 
However,  should  the  teacher  perform  services  for  the  district  he  may  recover 
compensation  for  such  services,  even  though  no  written  contract  existed. 


Revised  School  Laws.  21 

A  contract  for  the  employment  of  a  teacher  may  be  recovered  upon,  though 
not  in  writing,  if  service  has  been  rendered.  63  Mo.  137.  A  teacher  does  not  for- 
feit any  right  under  his  contract,  or  under  the  law,  by  failiing  to  make  monthly 
reports,  when  by  action  of  the  directors  the  school  has  been  closed.  30  A.  113; 
28  A.  169;  see  24  A.  213.  Must  teach  in  district  schoolhouse.  30  A.  641. 

In  absence  of  evidence  that  meeting  was  not  regularly  called,  it  will  be  pre- 
sumed the  meeting  was  regular.  59  A.  580. 

Unless  specific  work  is  mentioned  in  the  teacher's  contract,  the  board  has  the 
right  to  assign  the  teacher  to  any  grade  it  may  choose.  149  A.  550. 

FORM  OF  TEACHER'S  CONTRACT. 

This  agreement,  made  the  day  of ,   19 — ,  between  ,  a  legally 

qualified  public  school  teacher  of  the  first  part,  and  the    school    board  of   district 
No. ,  county  of ,  and  state  of  Missouri,  of  the  second  part. 

Witnesseth:     That  the  said  agrees  to  teach  the  public  school  of  said 

district  for  the  term  of months,  commencing  on  the day  of ,  19 — , 

for  the  sum  of dollars  per  month,  to  be  paid  monthly,  and  that  for  services 

properly  rendered  and  reports  correctly  made  according  to  law,  said  board  agrees 

to  issue  a  warrant  upon  the treasurer,  in  favor  of  the  said ,  for  the  amount 

of  wages  due  under  this  agreement. 

Done  by  order  of  the  board,  this day  of ,  19 — . 

,  Teacher.     ,  President. 

Sec.  11138.  Contract  construed.— The  contract  required  in 
the  preceding  section  shall  be  construed  under  the  general  law  of 
contracts,  each  party  thereto  being  equally  bound  thereby. 
Neither  party  shall  suspend  or  dismiss  a  school  under  said  con- 
tract without  the  consent  of  the  other  party.  The  board  shall 
have  no  power  to  dismiss  a  teacher;  but  should  the  teacher's 
certificate  be  revoked,  said  contract  is  thereby  annulled.  The 
faithful  execution  of  the  rules  and  regulations  furnished  by  the 
board  shall  be  considered  as  part  of  said  contract:  Provided, 
said  rules  and  regulations  are  furnished  to  the  teacher  by  the 
board  when  the  contract  is  made.  Should  the  teacher  fail  or 
refuse  to  comply  with  the  terms  of  the  contract  or  to  execute  the 
rules  and  regulations  of  the  board,  the  board  may  refuse  to  pay 
said  teacher — after  due  notice,  in  writing,  is  given  by  order  of 
the  board — until  compliance  therewith  is  rendered.  Should 
the  schoolhouse  be  destroyed,  the  contract  becomes  void.  (R. 
S.  1919,  §  11138.) 

Rights  of  teachers. — The  district  is  not  liable  for  wages  of  teacher  after  school- 
house  is  destroyed.  Hall  v.  District,  24  A.  213.  The  board  cannot  close  the  school 
before  the  end  of  term  because  not  enough  funds  have  been  collected  to  pay  the 
teachers.  Rudy  v.  District,  30  A.  113.  Teacher  cannot  be  deprived  of  his  wages 
for  failing  to  carry  out  a  rule  of  which  he  was  not  notified.  Perkins  v.  District, 
61  A.  512. 

The  board  has  no  power  to  discharge  a  teacher,  but  for  immorality  or  other 
improper  conduct  the  county  superintendent  may,  after  due  notice  and  hearing, 
revoke  his  certificate,  which  would  terminate  his  right  to  teach.  Arnold  v.  District, 
78  Mo.  226;  Oakes  v.  District,  98  A.  163. 

School  may  be  dismissed  and  closed  before  end  of  contract  term  by  agreement 
of  teacher  and  directors.  59  A.  580. 

Each  party,  the  teacher  on  the  one  hand  and  the  board  on  the  other,  is  equally 
bound  by  the  contract.  This  fact  cannot  be  too  strongly  impressed  upon  the 
parties  to  the  contract.  A  board  of  directors  cannot  exercise  too  much  care  in 
the  selection  of  a  teacher,  for  when  the  contract  is  completed  it  cannot  be  abrogated 


22  Revised  School  Laws. 

except  by  having  the  teacher's  certificate  revoked,  as  provided  in  section  10944. 
Conditions  over  which  neither  party  has  control  may,  however,  have  the  effect 
of  abrogating  the  contract;  for  instance,  closing  of  school  by  board  of  health, 
burning  of  schoolhouse,  etc. 

Faithful  compliance  with  the  rules  and  regulations  furnished  by  the  board  is 
made  part  of  the  contract.  Necessary  rules  and  regulations  for  the  government  of 
the  school  should  be  adopted  by  every  board  of  directors  and  a  copy  of  such  rules 
furnished  the  teacher  at  the  time  of  entering  into  contract.  A  person  entering 
into  a  contract  with  a  school  district,  through  its  directors,  must,  at  his  peril,  take 
notice  of  the  limited  powers  of  the  directors,  and  if  he  enters  into  a  contract  with 
them  in  excess  of  their  powers,  no  recovery  can  be  had  by  him  thereon.  30  A. 
113.  The  power  of  a  board  of  directors  with  reference  to  expenditures  is  limited 
to  the  income  provided  for  the  current  year.  Therefore,  a  teacher  should  inform 
himself  before  entering  into  contract  as  to  amount  of  revenue  provided  for  teachers' 
wages,  as  he  can  collect  no  greater  amount  than  that  provided.  Note  the  differ- 
ence, however,  between  "revenue  provided"  and  "revenue  collected:"  When  the 
levy  for  school  purposes  is  made,  the  revenue  is  said  to  be  "provided."  Warrants 
may  be  drawn  against  the  revenue  provided  whether  it  is  collected  during  the 
school  year  or  not. 

Teacher  need  not  have  certificate  when  contract  is  made.  Must  hold  certifi- 
cate while  teaching.  Contract  requiring  special  examination  of  teacher  nugatory. 
Services  under  contract  must  be  rendered  during  school  year.  93  A.  254. 

Sec.  11139.  Visitation  of  schools.— It  shall  be  the  duty  of 
the  board  to  visit  the  schools  under  their  care,  examine  into  their 
condition  and  the  progress  of  the  pupils,  advise  and  consult  with 
the  teachers,  and  to  exercise  such  supervision  as  will  best  pro- 
mote the  interests  of  the  schools.  (R.  S.  1919,  §  11139.) 

Sec.  11140.  Enumeration  lists/ — The  board  of  directors  of 
each  district  shall,  between  the  thirtieth  day  of  April  and  the 
fifteenth  day  of  May  of  each  year,  take,  or  cause  to  be  taken,  and 
forwarded  to  the  county  clerk,  an  enumeration  of  the  names  of  all 
persons  over  six  and  under  twenty  years  of  age,  resident  within 
the  district,  designating  male  and  female,  white  and  colored,  and 
age  of  each,  together  with  the  full  name  of  the  parent  or  guard- 
ian of  each  child  enumerated;  and  also  an  enumeration  of  all 
blind  and  deaf  and  dumb  persons  of  school  age,  resident  within 
the  district,  together  with  the  full  name  of  the  parent  or  guardian 
of  each  of  such  children  so  enumerated,  and  their  postoffice 
address,  which  said  enumerations  shall  be  subscribed  and  sworn 
to;  and  any  parent  or  guardian  who  shall  knowingly  furnish  to 
any  enumerator  the  name  of  any  child  who  is  under  six  or  over 
twenty  years  of  age,  or  who  is  a  nonresident  of  the  district,  shall 
be  guilty  of  a  misdemeanor,  and  any  enumerator  who  shall 
knowingly  return  a  false  enumeration  shall  be  deemed  guilty  of  a 
misdemeanor  and  punishable  by  a  fine  not  to  exceed  one  hundred 
dollars;  and  should  the  board  neglect  or  refuse  to  comply  with 
the  provisions  if  this  section,  such  district  shall  forfeit  its  right 
to  any  portion  of  the  public  funds  for  the  next  ensuing  school 
year:  Provided,  that  the  board  of  directors  of  any  city  having 
more  than  fifty  thousand  inhabitants  may  relieve  itself  of  the 
duty  aforesaid  four  times  to  every  period  of  five  years  by  passing 
a  resolution  each  year  adopting  the  last  enumeration  therein 
made  as  its  enumeration  of  persons  of  school  age  in  said  city  for 


Revised  School  Laws.  23 

such  year,  and  thereupon  such  last  enumeration  shall  be  deemed 
returned  and  taken  as  its  enumeration  for  such  year  for  all  pur- 
poses under  this  chapter.  The  county  clerk  of  each  county  shall 
certify  to  the  superintendent  of  the  school  for  the  deaf  and  dumb 
at  Fulton,  as  soon  as  convenient  after  he  receives  the  enumera- 
tion lists,  the  names  of  all  deaf  and  dumb  persons  of  school  age 
in  his  county,  giving  name,  age,  sex  and  color,  and  the  name  and 
postoffice  address  of  parent  or  guardian  of  such  persons,  and  to 
the  superintendent  of  the  school  for  the  blind  in  St.  Louis  the 
names  of  all  blind  persons  of  school  age  in  his  county,  giving 
name,  age,  sex  and  color,  and  the  name  and  postoffice  address  of 
parent  or  guardian  of  such  persons.  Any  county  clerk  failing  so 
to  certify  enumeration  lists  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof,  shall  be  fined  not  less  than  ten  (10) 
dollars  and  not  more  than  fifty  (50)  dollars  for  each  offense.  (R. 
S.  1919,  §  11140.) 

Historical  note. — That  part  of  Sec.  11346  which  requires  the  county  super- 
intendent to  receive  and  approve  enumeration  lists  is  probably  repealed  by  this 
section,  which  requires  such  lists  to  be  forwarded  to  county  clerk.  The  bill  cre- 
ating Sec.  11346  was  approved  March  15,  1909,  while  the  bill  which  amended  in 
that  respect  Sec.  11140  was  passed  May  13,  1909,  and  approved  June  1,  1909 
(Laws  1909,  pp.  770,  822). 

Construction  of  section. — The  district  clerk  is  not  required  to  enumerate  chil- 
dren who  are  absent  and  whom  he  honestly  believes  have  moved  away  from  the 
district.  State  ex  rel.  v.  Smith,  64  A.  313.  When  clerk  intentionally  makes  a  false 
enumeration  showing  less  than  fifteen  colored  children  in  district,  when  he  knows 
there  are  more  than  that  number,  the  enumeration  is  void,  and  mandamus  will  lie 
to  compel  the  establishment  of  a  negro  school.  State  ex  rel.  v.  Cartwright,  122 
A.  257,  99  S.  W.  48. 

An  enumeration,  regular  on  its  face,  cannot  be  collaterally  attacked  in  a  pro- 
ceeding by  a  county  to  compel  the  payment  of  its  portion  of  the  state  school  money. 
State  ex  rel.  Randolph  County  v.  Evans,  240  Mo.  95,  145  S.  W.  40. 

Sec.  11141.  Board  may  provide  for  gratuitous  education 
of  persons  between  five  and  six  and  over  twenty  years,  how. — The 
board  of  directors  or  board  of  education  of  any  school  district  in 
this  state  may  provide  for  the  gratuitous  education  of  persons  be- 
tween five  and  six  and  over  twenty  years  of  age,  resident  in  such 
school  district.  Such  gratuitous  education,  however,  shall  be 
provided  only  out  of  revenues  derived  by  such  school  district  from 
sources  other  than  those  described  in  section  6,  article  XI  of  the 
Constitution  of  this  state,  and  only  with  so  much  of  such  revenues 
as  are  not  required  for  the  establishing  and  maintaining  of  free 
public  schools  in  such  school  districts  for  the  gratuitous  instruc- 
tion of  persons  between  the  ages  of  six  and  twenty  years:  Pro- 
vided, that  nothing  in  this  section  shall  be  construed  as  affecting 
the  basis  of  apportionment  of  the  public  school  fund  of  this  state 
as  now  fixed  by  law.  (R.  S.  1919,  §  11141.) 

Sec.  11142.  Estimate. — The  board  of  directors  of  each  dis- 
trict shall,  on  or  before  the  fifteenth  day  of  May  of  each  year,  for- 
ward to  the  county  clerk  an  estimate  of  the  amount  of  funds 
necessary  to  sustain  the  schools  of  their  district  for  the  time  re- 


24  Revised  School  Laws. 

quired  by  law,  or,  when  a  longer  term  has  been  ordered  by  the 
annual  meeting,  for  the  time  thus  decided  upon,  together  with 
such  other  amount  for  purchasing  site,  erecting  buildings  or  meet- 
ing bonded  indebtedness,  and  interest  on  same,  as  may  have  been 
legally  ordered  in  such  estimate,  stating  clearly  the  amount 
deemed  necessary  for  each  fund,  and  the  rate  required  to  raise  said 
amount.  (R.  S.  1919,  §  11142.) 

Historical  note. — This  section  seems  to  repeal  that  part  of  Sec.  11346,  re- 
quiring county  superintendents  to  receive  and  approve  estimates.  See  note  under 
Sec.  11140. 

Section  construed. — The  board  may  withdraw  an  estimate  filed  with  county 
clerk  before  it  is  acted  upon  and  file  another  estimate  in  lieu  thereof,  upon  which 
later  estimate  a  legal  levy  may  be  made.  State  ex  rel.  v.  Phipps,  148  Mo.  31,  36, 
49  S.  W.  865.  When  a  levy  of  one  dollar  on  the  one  hundred  dollars  valuation 
has  been  authorized  by  a  vote  of  the  district,  the  board  may  apportion  same  by 
their  estimate  among  the  several  funds  as  they  deem  proper,  and  the  fact  that 
they  only  filed  an  estimate  for  a  ninety-eight  cents  levy,  when  one  hundred  cents 
had  been  authorized,  does  not  render  the  tax  illegal.  State  ex  rel.  v.  Phipps, 
148  Mo.  31,  49  S.  W.  865. 

If  the  estimate  for  teachers  and  incidental  funds  exceeds  forty  cents  on  the 
one  hundred  dollars,  it  must  recite  that  the  increase  above  forty  cents  was  author- 
ized by  vote  of  the  district,  but  it  is  not  necessary  that  such  estimate  should  re- 
cite the  amount  which  a  levy  made  in  accordance  therewith  will  yield,  nor  that  the 
estimate  was  authorized  by  an  order  of  the  board.  St.  Louis,  etc.  Ry.  v.  Qracy, 
126  Mo.  472,  29  S.  W.  579;  Kansas  City,  etc.  v.  Chapin,  162  Mo.  409,  62  S.  W.  1000. 
No  vote  of  district  is  necessary  to  make  estimates  for  annual  interest  and 
sinking  fund  on  bonds  legally  issued.  Benton  v.  Scott,  168  Mo.  379,  68  S.  W.  78. 
School  taxes  on  railroad  property  must  be  levied  by  county  courts  pursuant  to 
estimates  on  file  with  clerk.  State  ex  rel.  v.  Ry.,  135  Mo.  619,  37  S.  W.  532. 

Restriction  on  tax  levy.  Section  2,  Art.  X,  Constitution.  Where  estimates 
returned  by  school  districts  stated  rate  of  required  tax  levy,  but  did  not  mention 
amount  of  the  several  funds  which  levy  would  produce,  irregularity  is  immaterial. 
126  Mo.  472. 

"Unless  the  estimate  shows  that  the  annual  rate  above  forty  cents  other  than 
in  village  schools  was  authorized  by  a  vote  of  the  taxpayers,  the  county  clerk  has 
no  authority  to  'assess  and  carry  out'  such  increase,  and  in  the  absence  of  such 
recital  in  the  estimates,  to  the  extent  of  the  excess  such  taxes  are  void." 

"The  statute  does  not  require  the  certified  estimates  for  sinking  and  interest 
fund  taxes  to  contain  a  recital  that  a  levy  of  such  taxes  was  authorized  by  order 
of  the  board."  162  Mo.  409. 

The  estimate  for  teachers'  wages,  if  it  exceeds  forty  cents  on  the  hundred 
dollars,  must  state  that  it  was  ordered  (section  11151)  by  a  majority  of  the  tax- 
payers of  the  district.  The  estimate  for  building  purposes  must  show  that  it  was 
authorized  (section  11152)  by  two-thirds  of  the  qualified  voters  of  the  district 
who  voted  at  the  election.  The  estimate  for  sinking  fund  (section  11132)  cannot 
exceed  forty  cents  on  the  hundred  dollars.  The  estimate  for  interest  (section 
11133)  must  be  sufficient  to  pay  the  interest  as  it  falls  due. 

Sec.  11143.  Condemnation  of  site. — Whenever  any  district 
shall  select,  at  the  annual  or  any  special  meeting,  one  or  more 
sites  for  one  or  more  schoolhouses,  or  the  board  of  education  in 
city,  town  or  consolidated  school  district,  under  the  provisions  of 
the  statute  applicable  thereto,  shall  locate,  direct  and  authorize  the 
purchase  of  sites  for  schoolhouses,  libraries,  offices,  and  public 
parks  and  play  grounds,  and  cannot  agree  with  the  owner  thereof 
as  to  the  price  to  be  paid  for  the  same,  or  for  any  other  cause  can- 
not secure  a  title  thereto,  the  board  of  directors  or  board  of  educa- 


Revised  School  Laws.  25 

tion  aforesaid  may  proceed  to  condemn  the  same  in  the  same  man- 
ner as  provided  for  condemnation  of  right  of  way  in  chapter  13, 
article  II  of  the  Revised  Statutes  of  1909,  and  upon  such  con- 
demnation and  the  payment  of  the  appraisement  as  therein  pro- 
vided, the  title  of  such  lot  or  land  shall  vest  in  the  board  of  direc- 
tors or  board  of  education  aforesaid  for  use  in  trust  for  the  district 
and  the  purposes  for  which  the  same  was  so  selected  and  located; 
and  whenever  a  majority  of  the  qualified  voters  and  taxpayers  of 
any  school  district,  at  any  annual  or  special, meeting  called  for 
that  purpose,  shall  determine  that  it  is  necessary  to  have  addi- 
tional grounds  for  school  purposes  or  for  public  parks  and  play 
grounds,  then  the  board  of  directors,  or  board  of  education  afore- 
said, may  proceed  to  condemn  and  pay  for  any  amount  of  land 
adjacent  to  the  schoolhouse  site,  or  elsewhere  in  the  district  for 
such  purposes,  as  provided  in  this  section.  All  laws  and  parts 
of  laws  in  conflict  with  this  law  are  hereby  repealed.  (R.  S. 
1919,  §  11143.) 

Construction. — The  condemnation  of  land  for  a  schoolhouse  site  is  an  ap- 
propriation thereof  for  specific  use  within  the  meaning  of  the  Constitution.  Town- 
ship, etc.  v.  Hackmann,  48  Mo.  243.  It  requires  a  majority  of  the  qualified  voteri 
and  taxpayers  of  the  district,  and  not  merely  a  majority  of  those  voting  in  an 
election,  to  authorize  the  condemnation  of  land  adjacent  to  schoolhouse  site. 
School  District  v.  Oellien.  209  Mo.  464,  108  S.  W.  529;  State  ex  rel.  T.  District. 
79  A.  103.  The  legality  of  the  corporate  existence  of  the  district  cannot  be  made 
an  issue  in  an  action  to  condemn  land  under  this  section.  School  District  v.  Hod- 
gin,  180  Mo.  71,  79  S.  W.  148. 

In  proceedings  by  special  school  district  to  condemn  land  for  schoolhouse 
site,  defendant  may  put  in  issue  plaintiff's  corporate  existence.      125  Mo.  439. 

Sec.  11144.  Separate  schools  for  white  and  colored  chil- 
dren.— Separate  free  schools  shall  be  established  for  the  educa- 
tion of  children  of  African  descent;  and  it  shall  hereinafter  be 
unlawful  for  any  colored  child  to  attend  any  white  school,  or  for 
any  white  child  to  attend  a  colored  school.  (R.  S.  1919,  §  11144.) 

Sec.  11145.  Schools  for  colored  children,  establishment  of. 
When  there  are  within  any  school  district  in  this  state  fifteen  or 
more  colored  children  of  school  age,  as  shown  by  the  last  enumera- 
tion, the  board  of  directors  of  such  school  district  shall  be  and 
they  are  hereby  authorized  and  required  to  established  and  main- 
tain within  such  school  district  a  separate  free  school  for  said 
colored  children;  and  the  length  of  the  school  term  for  said 
colored  children,  and  the  advantages  and  privileges  thereof,  shall 
be  the  same  as  are  provided  for  other  schools  of  corresponding 
grade  within  such  school  district,  and  the  board  of  directors 
shall  in  all  cases  conduct,  manage  and  control  said  school  as 
other  schools  of  the  district  are  conducted,  managed  and  con- 
trolled; and  all  indebtedness  incurred  by  said  board  of  directors  in 
providing  suitable  buildings,  employing  teachers  and  maintaining 
said  school  shall  be  paid  for  out  of  the  appropriate  funds  of  the 
district,  upon  warrants  ordered  and  issued  in  conformity  with 
the  provisions  of  sections  11222  and  11223:  Provided,  there  be 
no  school  building  in  such  school  district  for  said  colored  children, 


26  Revised  School  Laws. 

the  board  of  directors  shall  be  and  they  are  hereby  authorized 
and  required  to  rent  suitable  buildings  and  furnish  the  same,  and 
all  expenses  necessarily  incurred  shall  be  paid  out  of  any  funds 
to  the  credit  of  the  building  or  incidental  funds  of  such  school  dis- 
trict. Should  any  board  of  directors  neglect  or  refuse  to  comply  with 
the  provisions  of  this  section,  such  school  district  shall  be  de- 
prived of  any  part  of  the  public  funds  for  the  next  ensuing  school 
year:  Provided,  that  in  case  the  average  daily  attendance  of 
colored  children  for  any  one  school  month  shall  be  less  than  eight, 
then  said  board  of  directors  may  discontinue  such  school  for  a 
period  not  to  exceed  six  months  at  any  one  time:  Provided,  that 
in  cases  where  two  school  districts  join,  and  in  either  or  both 
of  said  districts  the  enumeration  of  colored  children  of  legal  school 
age  is  less  that  twenty-five,  the  boards  of  directors  of  such  districts 
may  establish  a  joint  colored  school  in  either  of  said  districts, 
the  expense  of  maintaining  said  school  to  be  borne  by  the  dis- 
tricts establishing  same,  in  proportion  to  the  number  of  colored 
children  enumerated  in  each.  The  control  of  said  school  shall 
be  vested  in  the  board  of  directors  of  the  district  in  which  the 
schoolhouse  wherein  said  colored  school  is  maintained  is  located. 
(R.  S.  1919,  §  11145.) 

Colored  schools. — Warrants  for  the  payment  of  teachers  of  both  white  and 
colored  schools  should  be  drawn  on  the  same  fund.  State  ex  rel.  v.  Thompson, 
64  Mo  26.  This  section  is  mandatory,  and  the  board  cannot  escape  the  responsi- 
bility of  establishing  a  colored  school  by  or  through  a  false  enumeration,  which 
omits  part  of  the  colored  children  residing  in  district.  State  ex  rel.  v.  Cartwright 
122  A.  257,  99  S.  W.  48. 

A  proposition  to  vote  bonds  for  erecting  schoolhouses,  providing  that  a  por- 
tion from  the  proceeds  of  the  sale  of  the  bonds  should  be  used  for  erecting  and  fur- 
nishing a  schoolhouse  for  negro  children,  is  not  double,  and  may  be  included  in  a 
proposition  for  erecting  a  schoolhouse  for  white  children.  State  ex  rel.  School 
District  of  Carrollton  v.  Gordon,  231  Mo.  547,  133  S.  W.  44. 

Constitution  and  laws  providing  for  separate  schools  for  colored  children  are 
not  forbidden  by  fourteenth  amendment  to  federal  Constitution;  equality,  not 
identity  of  privileges,  is  guaranteed  to  the  citizens  by  said  amendment.  103  Mo. 
546.  Who  are  residents  within  the  meaning  of  this  section.  64  A.  313. 

When  the  enumeration  taken  in  any  year  shows  that  fifteen  or  more  colored 
children  of  school  age  reside  within  the  district,  it  is  the  duty  of  the  board  of 
directors  to  establish  and  maintain  a  separate  free  school  for  the  education  of  these 
children.  The  establishment  is  not  perpetual.  Compliance  with  this  law  requires 
that  the  school  privileges  accorded  the  colored  children  shall  equal  those  enjoyed 
by  the  white  children.  Instances  have  been  reported  in  which  it  is  claimed  that 
.the  enumerator  returned  a  false  enumeration  in  order  to  avoid  the  establishment 
of  a  school  for  the  colored  children,  In  doing  this,  the  enumerator  not  only  violates 
his  oath  of  office,  but  is  guilty  of  a  misdemeanor  punishable  by  a  fine  of  $100.00. 
See  section  11140. 

For  failure  to  establish  a  colored  school  when  fifteen  colored  children  are 
enumerated  in  the  district,  the  district  forfeits  all  public  funds  due  it,  and  the 
board  of  directors  may  be  removed  from  office  for  neglect  of  duty.  In  a  district 
having  established  a  colored  school,  if  the  enumeration  of  colored  children  falls 
below  fifteen,  the  school  may  be  discontinued.  The  board  also  has  authority  to 
discontinue  the  school  for  a  period  of  six  months  when  the  average  daily  attendance 
for  any  one  month  falls  below  eight.  Should  a  school  be  discontinued  for  this 
reason,  it  must  be  reopened  at  the  expiration  of  six  months,  unless  the  white 


Revised  School  Laws.  27 

school  in  the  district  has  closed  in  the  meantime,  in  which  event  the  colored  school 
need  not  be  reopened  during  the  current  school  year. 

There  is  no  authority  for  setting  aside  a  certain  sum  of  money  to  maintain 
the  colored  school.  The  expense  of  maintaining  the  colored  school  must  be  paid 
in  the  same  manner  and  out  of  the  same  funds  drawn  upon  to  sustain  the  white 
school. 

This  encourages  adjoining  districts,  each  having  an  enumeration  of  colored 
children  less  than  twenty-five,  to  consolidate  their  school  for  colored  children. 

The  fact  that  colored  children  have  to  go  farther  to  attend  school  than  white 
children  does  not  furnish  a  substantial  ground  of  complaint  on  the  part  of  the  former 
103  Mo.  546. 

Sec.  11146.  Colored  children — tight  to  attend  other  schools 
for  colored  children  in  county. — When  the  number  of  colored  chil- 
dren of  school  age  residing  in  any  school  district,  as  shown  by  the 
last  enumeration,  shall  be  less  than  fifteen,  they  shall  have  the 
privilege  and  are  entitled  to  attend  school  in  any  district  in  the 
county  wherein  a  school  is  maintained  for  colored  children,  and 
the  board  of  directors  of  the  district  in  which  such  colored  children 
reside  shall  reserve  a  sufficient  amount  from  the  teachers'  fund 
of  such  district  to  pay  the  expense  thus  incurred  for  such  school 
year;  but  such  colored  children  shall  only  be  entitled  to  attend 
school  for  the  same  length  of  time  that  other  schools  of  the  dis- 
trict in  which  they  reside  are  maintained;  and  at  the  end  of  the 
school  term  the  board  of  directors  of  the  district  in  which  such 
children  may  have  attended  school  shall  make  out  and  forward 
to  the  board  of  directors  of  the  district  in  which  such  children 
reside  an  account  showing  the  amount  due  for  said  colored  chil- 
dren, said  amount  to  be  equal  to  the  pro  rata  expense  of  such 
attendance,  the  same  to  be  prorated  according  to  the  amount  paid 
for  teachers'  wages  and  incidental  expenses  during  such  school 
term;  and  the  board  of  directors  of  the  district  in  which  such 
children  reside  shall  issue  an  order  on  the  county  or  township 
treasurer  to  transfer  said  amount  to  the  credit  of  teachers'  fund  of 
the  district  in  which  said  children  attended  school.  Any  board 
of  directors  neglecting  or  refusing  to  comply  with  the  provisions 
of  this  section  shall  be  held  individually  responsible  for  the 
amount  due  the  district  in  which  said  colored  children  attended 
school.  (R.  S.  1919,  §  11146.) 

The  fourteenth  amendment  to  federal  Constitution  is  not  violated  by  es- 
tablishment of  separate  schools  for  colored  children,  nor  by  the  further  fact  that 
such  colored  children  have  to  travel  further  than  white  children  to  attend  school. 
Lehew  v.  Brummell,  103  Mo.  546,  15  S.  W.  765. 

This  section  gives  colored  children  of  school  age,  residing  in  a  school  district 
not  containing  the  requisite  enumeration,  the  right  to  attend  any  colored  school 
in  the  county.  This  section  imposes  two  duties  upon  the  board  of  the  district  in 
which  the  colored  children  reside:  (1)  "To  reserve  a  sufficient  amount  from 
the  teachers'  fund  of  such  district  to  pay  the  expenses  thus  incurred;"  (2)  "to 
issue  an  order  on  the  county  or  township  treasurer  to  transfer  said  amount  to 
the  credit  of  the  teachers'  fund  of  the  district  in  which  said  children  attended 
school."  The  section  imposes  one  duty  upon  the  district  in  which  the  colored 
children  attend,  as  follows:  "To  make  out  and  forward  to  the  school  board  of 
the  district  in  which  the  children  reside  an  account  showing  the  amount  due  for 
said  colored  children."  It  should  be  noted  that  the  colored  children  are  only 


28  Revised  School  Laws. 

entitled  to  attend  school  during  the  time  that  the  other  schools  in  the  district  in 
which  they  reside  are  maintained;  that  is,  if  there  is  only  a  five-months'  school  in 
the  country  district  in  which  the  colored  children  reside,  they  are  permitted  to 
attend  but  five  months  in  the  district  maintaining  a  colored  school,  even  though 
that  district  should  maintain  an  eight-months'  school.  To  find  the  amount  due 
the  school  which  the  colored  pupils  attend,  it  is  necessary  to  ascertain  the  cost 
per  colored  pupil  per  day,  and  multiply  this  by  the  number  of  days  attended  by 
the  colored  children  residing  without  the  district.  This  is  what  is  meant  by 
"pro  rata  expenses  of  such  attendance,  the  same  to  be  prorated  according  to  the 
amount  paid  for  teachers'  wages  and  incidental  expenses  during  such  school  term." 
Note  that  "the  school  board  in  the  district  in  which  such  children  may  have  at- 
tended" shall  forward  the  account  against  the  other  district  "at  the  end  of  the 
school  term."  For  a  failure  to  pay  the  account,  if  found  correct,  the  members 
of  the  board  of  directors  to  which  the  account  is  presented  become  personally 
liable  for  the  amount.  Failure  to  present  the  account  at  close  of  school  does 
not  forfeit  the  claim.  The  account  may  be  collected  at  any  time  within  five  years 
after  it  becomes  due. 

Sec.  11147.  Providing  for  instruction  of  defectives. — When 
ever  in  any  school  district  there  shall  be  found  ten  or  more  chil- 
dren who  are  blind,  or  who  are  deaf,  or  who  are  crippled,  but"  yet 
able  to  be  moved  about,  or  who  are  feeble-minded  and  yet  ca- 
pable of  instruction,  the  board  of  education  or  board  of  directors 
of  the  district  may  provide  appropriate  instruction  in  a  special 
class  for  such  groups  of  ten  or  more  of  each  class  of  defectives, 
and  shall  provide  transportation  to  and  from  school  for  such 
children  as  could  not  otherwise  attend.  Instruction,  which  is 
adapted  to  the  varying  physical  and  mental  capacities  and  handi- 
caps of  the  children,  must  be  provided  in  these  classes  under  the 
regulations  of  the  state  department  of  education:  Provided, 
that  the  instruction  given  in  all  such  special  classes  shall  be 
limited  to  the  elementary  school  grades.  It  shall  be  the  duty  of 
the  board  of  education  or  board  of  directors  in  each  school  dis- 
trict to  ascertain  annually  the  number  of  children  in  a  district 
who  belong  to  any  of  the  above  types.  (R.  S.  1919,  §  11147, 
amended  Laws,  1921,  H.  B.  214.) 

Sec.  11148.     Districts  may  join  in  forming  special  classes. 

— Where  two  or  more  school  districts  each  have  less  than  ten 
children  in  any  of  the  classes  of  defectives  provided  for  in  section 
11147,  the  boards  of  education  or  boards  of  directors  of  such 
school  districts  may  contract  with  each  other  for  the  establish- 
ment of  special  classes  for  the  education  of  such  children  in  one 
or  the  other  of  said  districts,  provided  the  pupils  cannot  be  accom- 
modated in  the  appropriate  state  institutions  established  for 
their  training.  (R.  S.  1919,  §  11148.) 

Sec.  11149.  State  superintendent  to  inspect  and  approve. — 
The  state  superintendent  of  public  schools  is  hereby  authorized 
to  inspect  and  approve  all  special  classes  established  under  the 
provisions  of  sections  11147  and  11148.  Each  school  district 
maintaining  special  classes  as  provided  for  in  the  aforesaid  sec- 
tions, shall,  when  these  classes  have  been  approved  by  the  state 
superintendent  of  public  schools,  receive  state  aid  to  the  amount 
of  seven  hundred  fifty  dollars  ($750)  per  annum  for  each  teacher 


Revised  School  Laws.  29 

employed  wholly  in  the  instruction  of  the  pupils  of  the  aforesaid 
classes;  provided,  however,  such  aid  shall  not  be  granted  for  any 
teacher  who  has  not  been  especially  trained  for  work  in  such 
classes;  and  provided  further,  that  the  amount  of  special  training 
shall  be  in  accordance  with  the  rules  and  regulations 'established 
by  the  state  superintendent  of  public  schools,  the  amount  of  state 
aid  granted  on  account  of  any  teacher  shall  in  no  case  exceed 
two-thirds  of  the  salary  paid  such  teacher  by  the  local  board.  The 
state  superintendent  shall  require  such  reports  as  he  may  desire 
from  each  of  these  special  classes.  In  August  of  each  year,  before 
apportioning  the  state  school  funds  in  accordance  with  section 
11179,  the  state  superintendent  of  public  schools  shall  set  aside  a 
sum  equal  to  the  total  of  all  the  state  aid  to  which  the  various 
school  districts  of  the  state  are  entitled  under  the  provision  of 
this  section  for  the  preceding  fiscal  year.  The  state  superintend- 
ent shall  cause  the  state  treasurer  to  forward  to  the  county 
clerk  of  each  county,  and  to  the  secretary  of  the  board  of  educa- 
tion of  the  city  of  St.  Louis,  the  total  amount  shown  to  be  due 
such  county  or  such  city  under  the  provisions  of  this  section. 
(R.  S.  1919,  §  11149,  amended  Laws,  1921,  H.  B.  214.) 

Sec.     11160.     State  board  of  charities  may  act,  when.— 

The  state  board  of  charities  and  corrections  is  hereby  authorized 
where  no  special  classes  have  been  provided,  or  instruction 
arranged  for  as  provided  in  sections  11147,  11148  and  11149  of 
this  act,  and  where  proper  home  instruction  is  not  given  as  pro- 
vided in  section  11324,  to  take  charge  of  and  provide  for  the 
proper  training  of  feeble-minded,  deaf,  blind,  and  crippled  chil- 
dren under  the  age  of  sixteen  years  who  have  not  attained  the 
eighth  grade  in  school.  Where,  in  order  to  secure  such  training, 
it  is  necessary  to  incur  expense  for  the  transportation,  education 
or  maintenance  of  such  child,  and  where  the  state  board  of  chari- 
ties and  corrections  ascertains  upon  investigation,  that  the  parent, 
guardian  or  other  person  in  charge  of  such  child  is  unable  to 
bear  such  expense,  the  state  board  of  charities  and  corrections 
is  hereby  authorized  to  incur  such  expense  for  such  child,  and  to 
charge  the  same  to  the  county  in  which  it  resides.  It  shall  be 
the  duty  of  the  county  superintendent  of  public  welfare  and  of 
the  county  superintendent  of  schools,  and  of  the  superintendent 
of  schools  of  the  city  of  St.  Louis,  to  report  to  the  state  board  of 
charities  and  corrections,  all  children  within  their  counties  and 
the  city  of  St.  Louis  who  come  within  the  provisions  of  this 
section.  (R.  S.  1919,  §  11150,  amended  Laws,  1921,  H.  B.  214.) 

Sec.  11160-a.  Training  speech  defectives. — The  provisions 
of  sections  11147,  11148  and  11149  shall  apply  to  speech  defec- 
tives when  there  are  fifty  or  more  in  any  school  district,  except 
that  such  speech  defectives  need  not  be  congregated  in  special 
speech  classes,  but  may  be  taken  aside,  singly  or  in  groups,  during 
certain  periods  for  speech  corrective  training.  (Laws  of  1921, 
H.  B.  214.) 


30  Revised  School  Laws. 

Sec.  11150-b.     Special    classes    for    certain  defectives. — 

School  districts  may  establish  special  classes  for  twenty  or  more 
children,  who,  while  not  feebleminded,  are  on  the  borderline  of 
mental  deficiency,  or  are  so  backward  in  intelligence  as  to  be 
incapable  of  receiving  proper  benefit  from  the  instruction  in  the 
regular  grades,  and  shall  receive  state  aid  to  the  amount  of  three 
hundred  dollars  ($300)  per  annum  for  each  teacher  wholly  em- 
ployed in  the  instruction  of  such  pupils,  provided  the  teachers 
have  been  especially  trained  for  the  work  and  the  classes  approv- 
ed in  accordance  with  section  11149.  (Laws  of  1921,  H.  B.  214.) 

Sec.  11150-c.  Duties  of  school  officers. — It  shall  be  the 
duty  of  all  boards  of  education  and  all  superintendents  of  schools 
and  of  the  state  superintendents  of  schools  to  enforce  the  provi- 
sions of  sections  11147,  11148,  11149,  11150-a,  11150-b  and  11 150-c. 
(Laws  of  1921,  H.  B.  214.) 

Sec.  11151.     Increase  of  tax  levy  for  maintaining  schools. 

Whenever  it  shall  become  necessary,  in  the  judgment  of  the  board 
of  directors  or  board  of  education  of  any  school  district  in  this 
state,  to  increase  the  annual  rate  of  taxation  for  school  purposes, 
or  when  any  five  resident  taxpayers  of  such  district  shall  petition 
such  board,  in  writing,  that  they  desire  an  increase  on  the  rate  of 
taxation,  such  board  shall  determine  the  rate  of  taxation  neces- 
sary to  be  levied  in  such  district  within  the  maximum  rates 
prescribed  by  the  Constitution  for  such  purposes,  and  shall  sub- 
mit to  the  voters  of  said  school  district  who  are  taxpayers  of  such 
school  district,  at  an  election  to  be  by  such  board  called  and  held 
for  that  purpose,  at  the  usual  place  of  holding  elections  for  mem- 
bers of  such  board,  whether  the  rate  of  taxation  be  increased  as 
proposed  by  said  board,  due  notice  having  been  given  as  required 
by  section  11209;  and  if  a  majority  of  the  voters  who  are  tax- 
payers voting  at  such  election  on  the  proposition  to  increase  levy 
shall  vote  in  favor  of  such  increase,  the  result  of  such  vote,  and 
the  rate  of  taxation  so  voted  in  such  district,  shall  be  certified  by 
the  clerk  or  secretary  of  such  board  or  district  to  the  clerk  of  the 
county  court  of  the  proper  county,  who  shall,  on  the  receipt  thereof, 
proceed  to  assess  and  carry  out  the  amount  so  returned  on  the 
tax  books  on  all  the  taxable  property,  real  and  personal,  of  such 
school  district,  as  shown  by  the  last  annual  assessment  for  state 
and  county  purposes,  including  all  statements  of  merchants  as 
provided  by  law.  (R.  S.  1919,  §  11151.) 

Levy  oj  taxes. — A  levy  made  by  county  court  on  railroad  property  for  school 
purposes  need  not  specify  the  special  fund  for  which  such  levy  is  made  if  the  es- 
timates are  sufficient  to  enable  the  court  to  make  the  average  rate.  State  ex  rel. 
v.  Ry.,  135  Mo.  618,  37  S.  W.  532.  Under  this  section  the  board  should  first  de- 
termine what  increase  of  taxes  is  necessary  and  have  its  proceedings  noted  on 
minutes  of  the  district  clerk  before  submitting  proposition  to  voters;  but  such  ac- 
tion is  not  necessary  when  increase  of  taxes  is  voted  at  annual  meeting.  Benton 
v.  Scott,  168  Mo.  379,  68  S.  W.  78. 

See  cases  cited  under  Sec.  11142. 

Whenever  the  board  deems  it  necessary  or  is  petitioned  by  five  resident  tax- 
payers, it  shall  determine  the  increase  of  levy  for  school  purposes.  Proper  notice 


Revised  School  Laws.  31 

having  been  giv-en  under  section  11153,  the  proposition  is  voted  upon,  and  is  car- 
ried "if  a  majority  of  the  voters  who  are  taxpayers  voting  at  such  election  on  the 
proposition  to  increase  levy  shall  vote  in  favor  of  such  increase."  Note  that 
taxpayers  and  not  qualified  voters  are  spoken  of.  A  taxpayer  is  one  who  owns 
either  real  or  personal  property  liable  to  assessment  and  taxation.  Observe  that 
only  a  majority,  and  not  a  two-thirds  majority,  is  required;  also,  that  it  is  a  ma- 
jority of  the  taxpayers  "voting  at  such  election  on  the  proposition  to  increase 
levy,"  and  not  a  majority  of  the  taxpayers  of  the  district.  For  limitation  of 
taxation,  see  article  10,  section  11,  Missouri  Constitution,  and  section  11183. 

For  majority  of  voters  voting  at  such  election,  see  35  Mo.  103,  and  73  Mo. 
435. 

The  provisions  of  the  Constitution  limiting  the  rate  of  taxation  do  not  require 
legislative  action  to  enforce  it,  and  go  into  effect  at  once,  notwithstanding  the 
proviso  allowing  the  rate  to  be  increased  by  legislative  action  and  a  specified  popular 
vote.  62  Mo.  444. 

Sec.  11152.  Increase  of  tax  levy  for  erecting  schoolhouse  and 
similar  purposes. — The  board  of  education  or  directors  of  any 
school  district  of  this  state  shall,  whenever  in  their  judgment  it 
becomes  necessary,  or  they  be  requested,  by  a  petition  of  ten 
taxpayers  of  any  such  school  district,  to  increase  the  annual  rate 
of  taxation  for  the  purpose  of  paying  for  school  building  sites, 
whether  the  same  have  been  purchased  or  condemned,  for  buying 
or  erecting  school  buildings  in  such  districts,  or  repairing  or  fur- 
nishing such  buildings  *[or  for  building,  repairing  and  maintaining 
foot  bridges  over  running  streams]  determine  the  rate  of  taxation 
necessary  to  be  levied  within  the  maximum  rates  prescribed  by 
the  Constitution,  and  as  therein  limited  for  such  purposes,  and 
shall  submit  to  the  voters  of  such  school  district,  at  an  election 
to  be  by  such  board  called  and  held  for  that  purpose,  at  the 
usual  place  for  holding  elections  for  members  of  such  board, 
whether  the  rate  of  taxation  shall  be  increased  as  proposed  by 
said  board  for  any  of  the  purposes  mentioned  in  this  section,  due 
notice  having  been  given  as  required  by  section  11209,  and  if 
two-thirds  of  the  qualified  voters  of  such  school  district.  *[or  of  such 
city,  town  or  village  forming  a  school  district,  voting  at  said  elec- 
tion], shall  vote  in  favor  of  such  increase  for  the  purposes  aforesaid, 
the  result  of  such  vote,  and  the  rate  of  taxation  sovoted,  shall  be 
certified  by  the  secretary  or  clerk  of  such  board  to  the  clerk  of  the 
county  court  of  the  proper  county,  who  shall,  on  the  receipt  thereof, 
proceed  to  assess  the  amount  so  returned  for  any  or  all  of  the 
purposes  mentioned  in  this  section  on  all  the  taxable  property, 
both  real  and  personal,  of  such  school  district,  as  shown  by  the 
last  annual  assessment  for  state  and  county  purposes,  including 
all  statements  of  merchants,  as  is  provided  by  law:  ^[Provided, 
that  when  the  proposition  to  be  voted  on  refers  only  to  repairing 
or  furnishing,  or  both  repairing  and  furnishing  such  school  build- 
ing, the  proposition  shall  be  deemed  to  have  been  carried  at  the 
election  if  a  majority  of  the  votes  cast  are  cast  in  favor  of  the 
proposition.]  (R.  S.  1919,  §  11152.) 

*  Note. — Sec.  10797,  R.  S.  1909,  was  amended,  Laws  1911,  p.  397;  Laws  1917, 
p.  501,  and  Laws  1919,  p.  699;  the  later  amendments  make  no  reference  in  the  bill 
to  former  amendments,  hence  the  changes  made  by  these  later  amendments  are 
shown  in  brackets. 


32  Revised  School  Laws. 

This  section  does  not  apply  to  an  election  to  vote  bonds  to  build  schoolhouse, 
nor  to  other  elections  specially  provided  for  in  other  sections  of  the  statutes. 
Richardson  v.  McReynolds,  114  Mo.  641,  650,  21  S.  W.  901. 

Whenever  the  board  deems  it  necessary  or  is  petitioned  by  ten  taxpayers  of 
the  district,  it  shall  determine  the  rate  to  be  levied  for  building  purposes,  notice 
having  been  given  in  accordance  with  section  11153.  The  proposition  is  carried 
"if  two-thirds  of  the  qualified  voters  of  such  school  district  voting  on  the  proposition 
shall  vote  in  favor  of  such  increase."  Note  that  two-thirds  of  the  qualified  voters, 
and  not  a  majority,  is  required.  Observe,  also,  that  it  is  two-thirds  of  those  voting 
at  the  election;  that  is,  two-thirds  of  the  votes  cast  at  the  election,  and  not  two- 
thirds  of  the  qualified  voters  of  the  district.  For  limitation  of  levy  for  building 
purposes,  see  article  10,  section  11,  Missouri  Constitution;  also,  section  11183 
A  building  levy  should  be  used  for  purchase  of  site,  erection  of  house  and  furnishing 
the  same.  All  permanent  improvements  should  be  made  from  the  building  fund 
rather  than  from  the  incidental  fund,  such  as  building  a  fence,  digging  a  cistern, 
erecting  outhouses  and  seating  schoolroom. 

The  act  (13031)  authorizing  an  increase  in  the  levy  of  school  taxes  for  building 
purposes  on  the  apportionment  of  the  valuation  of  a  railroad  company's  roadbed 
and  rolling  stock,  and  empowering  the  county  court  to  take  into  consideration 
the  rate  of  increase  for  such  purposes,  made  in  districts  through  which  the  rail- 
road does  not  run,  in  fixing  the  rate  to  be  levied,  is  constitutional.  97  Mo.  496. 

Sec.  11153.  Notice  of  meeting  to  increase  tax  levy. — The 
propositions  authorized  in  sections  11151  and  11152  may  be  sub- 
mitted at  an  annual  meeting,  or  at  a  special  meeting  called  and 
held  for  that  purpose.  Said  board  of  directors  or  board  of  educa- 
tion submitting  such  proposition  shall  cause  notice  thereof  to  be 
given  as  provided  by  section  11209.  (R.  S.  1919,  §  11153.) 

Sec.  11164.  Special  meetings. — Special  school  meetings 
for  the  transaction  of  business  authorized  by  this  chapter,  and 
not  restricted  to  the  annual  meeting  or  otherwise  provided  for, 
shall  be  called  by  the  board  when  a  majority  of  the  qualified 
voters  of  the  district  sign  a  petition  requesting  the  same,  and 
designating  therein  the  purpose  for  which  said  meeting  is  desired. 
Upon  the  reception  of  such  petition,  the  board  shall  call  said 
special  meeting,  by  notices  thereof  to  be  given  in  the  same  manner 
as  is  provided  in  section  11209;  and  when  assembled,  the  meeting 
shall  be  organized  by  the  election  of  a  chairman  and  a  secretary, 
who  shall  keep  a  correct  record  of  the  transactions  of  the  meeting, 
said  record  to  be  signed  by  the  secretary,  attested  by  the  chair- 
man, and  filed  with  the  district  clerk,  who  shall  enter  the  same 
upon  the  records  of  the  district;  but  said  meeting  shall  have  no 
power  to  act  upon  any  proposition  not  contained  in  the  petition 
and  submitted  in  the  notices.  (R.  S.  1919,  §  11154.) 

See  note  to  Sec.  11152. 

Special  meeting  may  be  called  for  purpose  of  continuing  school  beyond  period 
required  by  Constitution.  27  A.  36. 

Note  that  special  school  meetings  shall  be  called  by  the  board  "when  a  ma- 
jority of  the  qualified  voters  of  the  district  sign  a  petition  requesting  the  same, 
and  designating  therein  the  purpose  for  which  said  meeting  is  desired." 

The  special  meeting  when  called  can  vote  only  on  the  propositions  set  forth 
in  the  petition  and  notices.  Of  the  items  under  11210  the  following  are  "restricted 
to  the  annual  meeting  or  otherwise  provided  for:"  Item  2  (election  of  directors)  ; 
item  3  (filling  of  vacancy  in  board),  restricted  to  the  annual  meeting  by  section 
11213;  item  4  (increase  of  levy  for  school  purposes),  otherwise  provided  for  by 
section  11151;  item  6  (change  of  boundary),  restricted  to  the  annual  meeting  by 


Revised  School  Laws.  33 

section  11201;  item  8  (election  of  superintendent),  restricted  to  annual  meeting 
by  section  10930;  item  9  (levy  for  building  purposes),  otherwise  provided  for  by 
section  11152.  The  following  items  under  11210  are  "not  restricted  to  the  annual 
meeting  or  otherwise  provided  for,"  and  therefore,  may  be  acted  upon  at  a  special 
meeting  called  under  section  11154:  Item  4  (increase  of  school  term);  item  5 
(to  vote  sum  for  library)  ;  item  7  (sale  of  school  property  no  longer  needed  for  use 
of  district)  ;  item  10  (location  of  schoolhouse  site)  ;  item  11  (change  of  schoolhouse 
site). 

The  law  does  not  limit  the  number  of  times  a  proposition  may  be  submitted 
to  the  legal  voters  of  a  school  district.  A  proposition  not  restricted  to  the  annual 
meeting  nor  "otherwise  provided  for"  may  be  submitted  as  often  as  a  majority 
of  the  qualified  voters  of  the  district  will  sign  a  petition  requesting  that  a  special 
meeting  be  called,  and  designating  the  purpose  for  which  such  special  meeting 
is  desired.  Upon  reception  of  such  petition,  the  board  of  directors  must  call  the 
meeting. 

FORM    OF   PETITION   FOR  SPECIAL   SCHOOL   MEETING. 

We,    the   undersigned,    a   majority   of  the  qualified   voters   residing  in  school 

district  No.  —  — ,  county  of ,  state  of  Missouri,  desire  that  a  special  meeting 

of  the  qualified  voters  of  said  district  be  called  for  the  purpose  of 


FORM   FOR   NOTICE    OF   SPECIAL   SCHOOL   MEETING. 

Notice  is  hereby  given  to  the  qualified  voters  of  district  No. ,  county  of 

— ,  and  state  of  Missouri,  that  in  conformity  with  the  petition  of  a  majority 

of  the  resident  voters  of  said  district,  a  special  school  meeting  will  be  held  at 

in  said  district,  on  the day  of ,  19 — ,  commencing  at  2  o'clock  p.  m.f 

for  the  following  purposes,  viz.: 

Done  by  order  of  the  board  this  day  of ,   19 — . 


District   Clerk. 


NOTE. — The  above  notice  should  state  distinctly  the  purpose  for  which  the 
meeting  is  called,  and  should  be  posted  fifteen  days  before  the  day  set  for  the 
meeting. 

Sec.  11155.     School    day,    week,    month   and   year. — The 

school  day  shall  consist  of  six  hours  occupied  in  actual  school 
work;  the  school  week  shall  consist  of  five  school  days;  except 
when  Thanksgiving  day,  December  25,  February  22  or  July  4  shall 
fall  upon  a  regular  school  day,  then  the  four  remaining  school 
days,  if  taught,  shall  constitute  a  legal  school  week;  the  school 
month  shall  consist  of  four  weeks;  and  the  school  year  shall  com- 
mence on  the  first  day  of  July  and  end  on  the  thirtieth  day  of 
June  following.  (R.  S.  1919,  §  11155.) 

Sec.  11156.  Arbor  day.— The  first  Friday  after  the  first 
Tuesday  in  April  of  each  year  is  hereby  set  apart  as  Arbor  day  for 
this  state,  and  all  teachers,  pupils  and  patrons  are  requested  to 
observe  the  same  in  their  respective  school  districts  by  encourag- 
ing the  planting  of  trees,  shrubbery  and  flowers  upon  and  around 
the  school  grounds  of  their  districts,  that  said  grounds  may  be 
rendered  pleasant  and  attractive — a  part  of  said  day  to  be  de- 
voted to  literary  exercises,  having  special  reference  to  the  work  in 
hand,  as  the  teacher  or  committee  in  charge  may  direct,  and  the 


34  Revised  School  Laws. 

afternoon  to  be  devoted  to  the  improvement  and  ornamentation 
of  the  school  grounds.      (R.  S.  1919,  §  11156.) 

Sec.  11157.  Bird  day. — The  21st  day  of  March  of  each 
and  every  year  is  hereby  set  apart  as  Bird  day  for  this  state, 
and  all  teachers,  pupils  and  patrons  of  the  schools  of  this  state 
are  requested  to  observe  the  same  in  their  respective  school 
districts  by  encouraging  the  study,  care  and  protection  of  birds; 
a  part  of  said  day  to  be  devoted  to  literary  exercises,  having 
special  reference  to  birds,  their  habits,  their  usefulness  and  best 
methods  of  protection,  as  the  teacher  or  committee  in  charge 
may  direct,  and  the  pupils  especially  .encouraged  to  study  and 
observe  the  birds  around  them  and  to  report  the  results  of 'such 
study  and  observation  to  the  schools,  and  further,  the  organiza- 
tions known  as  the  camp  fire  girls  and  the  boy  scouts  are  also 
requested  to  take  part  in  such  observance  of  said  day  and  aid 
and  assist  in  the  dissemination  of  knowledge  concerning  birds 
and  in  the  protection  of  the  same.  (R.  S.  1919,  §  11157.) 

Sec.  11158.  Injuring  school  property — failure  of  certain 
officers  to  perform  duty — penalty. — Every  person  who  shall  will- 
fully injure  Qr  destroy  any  building  used  as  a  schoolhouse,  or 
for  other  educational  purposes,  or  any  furniture,  fixtures  or 
apparatus  thereto  belonging,  or  who  shall  deface,  mar  or  dis- 
figure any  such  building,  furniture  or  fixtures,  by  writing,  paint- 
ing, cutting  or  pasting  thereon  any  likeness,  figures,  words  or 
devices,  shall  be  fined  in  a  sum  double  the  amount  of  damage 
done  to  any  such  building,  furniture  or  apparatus,  and  shall  be 
fined  in  a  sum  not  less  than  ten  nor  more  than  fifty  dollars  for 
each  offense  for  writing,  painting,  cutting  or  pasting  on  any 
such  building,  furniture  or  fixtures  any  such  words,  figures, 
likeness  or  device,  to  be  recovered  by  civil  proceedings  in  any 
court  of  competent  jurisdiction  in  the  name  and  to  the  use  of 
the  school  district  to  which  the  property  may  belong;  and  the 
punishment  provided  in  this  section  to  be  in  addition  to  and  not 
in  lieu  of  the  punishment  provided  by  the  statute  regulating 
crimes  and  punishments  for  such  offenses.  Any  district  or 
county  clerk,  county  superintendent,  county  treasurer,  school 
director  or  other  officer,  who  shall  willfully  neglect  or  refuse  to 
perform  any  duty  or  duties  pertaining  to  his  office  under  this 
chapter,  shall  be  regarded  as  guilty  of  a  misdemeanor  and  sub- 
ject to  a  fine  of  not  more  than  one  hundred  dollars,  to  be  re- 
covered in  any  court  of  law  in  this  state  having  competent 
jurisdiction.  (R.  S.  1919,  §  11158.) 

This  section  imposes  a  penalty,  (1)  for  injuring  school  property,  (2)  for  failure 
to  perform  official  duty.  Observe  in  each  case  the  word  "willful."  "  To  sustain 
a  charge  of  misdemeanor  in  office,  it  must  be  confined  to  official  conduct;  that  conduct 
must  be  shown  to  have  been  willfully  corrupt."  41  Mo.  210.  The  word  willfully. 
as  used  in  this  section,  means  intentionally,  and  knowingly. 

For  full  information  as  to  how  to  proceed  in  misdemeanor  cases,  before  justices 
of  the  peace,  see  article  4,  chapter  37  of  the  Revised  Statutes  of  1909.  Disturb- 
ances of  the  school  may  be  punished  as  prescribed  in  section  3498,  Revised  Stat- 
utes, 1919. 


Revised  School  Laws.  35 

Sec.  11159.  School  moneys,  how  applied. — All  moneys  aris- 
ing from  taxation  shall  be  paid  out  only  for  the  purposes  for 
which  they  were  levied  and  collected;  but  the  income  from  state, 
county  and  township  funds  shall  be  applied  only  to  the  payment 
of  teachers'  warrants,  issued  by  order  of  the  board  to  legally 
qualified  teachers  for  services  rendered  according  to  law.  No 
county  or  township  treasurer  shall  honor  any  warrant  against 
any  school  district  that  is  in  excess  of  the  income  and  revenue 
of  such  school  district  for  the  school  year  beginning  on  the  first 
day  of  July  and  ending  on  the  thirtieth  day  of  June  following; 
nor  shall  any  portion  of  the  funds  mentioned  in  this  section  be 
applied  in  payment  of  any  teacher's  warrant  issued  prior  to  the 
distribution  of  such  funds  in  accordance  with  section  11179,  and 
no  school  warrant  shall  bear  interest.  (R.'S.  1919,  §  11159.) 

Section  construed. — School  taxes  can  only  be  applied  to  the  purposes  for  which 
they  were  levied,  and  if,  after  a  levy  to  build  a  schoolhouse,  the  district  is  divided, 
the  taxes  thus  levied  must  be  applied  toward  building  the  particular  schoolhouse 
for  which  they  were  levied.  State  ex  rel.  v.  Thompson,  64  Mo.  26;  Rice  v.  Mc- 
Clellan,  58  Mo.  116;  State  ex  rel.  v.  Thompson,  64  Mo.  26. 

.  Judgment  against  a  school  district  should  specify  nature  of  the  claim  upon 
which  it  is  founded,  so  that  board  will  know  out  of  what  fund  it  should  be  paid; 
otherwise  its  payment  cannot  be  enforced  by  mandamus.  State  ex  rel.  v.  Board, 
97  A.  613,  71  S.  W.  701. 

Liability  of  county  court  for  diversion  of  county  school  fund.      110  Mo.  67. 

This  section  further  emphasizes  the  distinctness  of  the  three  funds  and  pro- 
vides "no  county  or  township  treasurer  shall  honor  any  warrant  against  any  school 
district  that  is  in  excess  of  the  income  and  revenue  of  such  school  district  for  the 
school  year  beginning  on  the  1st  day  of  July  and  ending  on  the  30th  day  of  June 
following."  Article  10,  section  12  of  the  Constitution  of  Missouri,  upon  which  the 
above  quoted  provision  is  based,  reads:  "No  school  district  shall  be  allowed  to 
become  indebted  in  any  manner  or  for  any  purpose  to  an  amount  exceeding  in 
any  year,  the  income  and  revenue  provided  for  such  year,  without  the  assent  of 
two-thirds  of  the  voters  thereof  voting  at  an  election  to  b"e  held  for  that  purpose." 
These  provisions  oblige  the  board  to  so  manage  the  expenditures  of  the  district 
as  to  make  each  year  take  care  of  itself.  No  treasurer  is  permitted  to  cash  a  warrant 
In  excess  of  the  revenue  provided  for  the  school  year  in  which  such  warrant  is  issued. 
A  warrant,  however,  may  be  issued  when  there  is  no  money  in  the  proper  fund  to 
pay  it,  as  taxes  may  be  collected  before  the  end  of  tho  school  year — June  30 — thus 
permitting  this  warrant  to  be  legally  paid. 

Sec.  11160.  Teachers — certificate  before  employment. — No 
teacher  shall  be  employed  in  any  school  supported  by  the  public 
funds,  or  any  part  thereof,  until  he  has  received  a  certificate  of 
qualification  therefor,  signed  by  the  county  superintendent  of 
the  county,  the  state  superintendent,  or  a  certificate  or  diploma 
issued  by  the  state  university  or  some  normal  school  of  this 
state  entitling  him  to  teach  in  the  public  schools.  (R.  S.  1919, 
§  11160.) 

Teachers'  certificates. — Under  this  section  the  board  may  employ  a  person 
who  holds  a  proper  certificate  to  teach,  though  such  certificate  will  expire  before 
the  end  of  the  term  for  which  he  is  hired.  Hibbard  v.  Smith,  135  A.  721,  116  S. 
W.  487.  Teacher's  contract  is  not  invalid  though  he  have  no  certificate  when 
contract  is  signed,  provided  he  procure  such  certificate  by  the  time  fixed  for  school 
to  open.  Crabb  v.  District,  93  A.  254. 

See  cases  cited  under  Sees.  11137  and  11138. 


36  Revised  School  Laws. 

This  section  prohibits  the  employment  of  a  teacher  not  holding  a  certificate. 
This  includes  substitute  teachers.  Whenever  a  substitute  teacher  teaches  for  even 
a  day  or  a  week,  he  must  have  a  certificate. 

Employment  in  this  section  means  the  act  of  teaching.  A  teacher's  services 
may  be  engaged  before  he  gets  a  certificate,  but  he  must  secure  a  certificate  before 
his  employment  begins. 

Sec.  11161.  Teachers  and  directors  guilty  of  misdemeanor, 
when. — Any  teacher  who  shall  enter  a  public  school  in  this 
state  to  teach,  govern  or  discipline  the  same,  before  complying 
with  the  provisions  of  sections  11137  and  11160  shall  forfeit  all 
right,  title  and  claim  to  any  compensation  therefor,  and  shall 
be  deemed  guilty  of  a  misdemeanor  and  punished  by  a  fine  not 
to  exceed  one  hundred  dollars;  and  any  director  who  shall  indorse 
or  encourage  said  teacher  in  such  unlawful  conduct  shall  in  like 
manner  be  deemed  guilty  of  a  misdemeanor  and  punishable  by 
a  like  fine.  (R.  S.  1919,  §  11161.) 

Sec.  11162.  Instruction  in  physiology  and  hygiene. — Phys- 
iology and  hygiene,  including  their  several  branches,  with  special 
instruction  as  to  tuberculosis,  its  nature,  causes  and  prevention, 
and  the  effect  of  alcoholic  drinks,  narcotics  and  stimulants,  on 
the  human  system,  shall  constitute  a  part  of  the  course  of  in- 
struction, and  be  taught  in  all  schools  supported  wholly  or  in 
part  by  public  -money  or  under  state  control.  (R.  S.  1919, 
§  11162.) 

Sec.  11163.  Frances  Willard  day.— September  28th  of 
each  year  shall  be  and  is  hereby  set  apart  and  designated  as  Frances 
Willard  day,  and  in  every  public  school  in  the  state  of  Missouri 
one-quarter  of  the  school  day  on  said  date  shall  be  set  apart  for 
instruction  and  appropriate  exercises  relative  to  the  history  and 
benefits  of  the  prohibition  of  the  manufacture  and  sale  of  in- 
toxicating liquors  in  the  United  States;  and  provided,  that  if  in 
any  year  September  28th  shall  fall  upon  a  day  of  the  week  which 
is  not  a  school  day,  then  the  school  day  nearest  that  date  shall 
for  such  year  be  taken  in  lieu  of  September  28th.  It  shall 
be  the  duty  of  all  state,  county  and  city  school  district  officers, 
and  of  all  the  public  school  teachers  of  the  state,  to  carry  out 
the  provisions  of  this  section.  (R.  S.  1919,  §  11163.) 

Sec.  11164.  Register  of  attendance. — It  shall  be  the  duty 
of  every  teacher  employed  in  any  of  the  public  schools  of  the 
state  to  keep  a  .daily  register,  in  which  the  names,  ages  and  date 
of  entrance  of  the  pupils  shall  be  entered,  and  the  studies  pur- 
sued by  the  same;  the  date  of  each  visitation  by  the  directors 
or  other  school  officers,  which  register  shall  be  open  to  the  in- 
spection of  the  public  at  all  times.  (R.  S.  1919,  §  11164.) 

Teachers'  register  kept  under  this  section  is  evidence  of  the  age  of  pupil 
whose  name  appears  therein.  Levels  v.  Ry.,  196  Mo.  606,  94  S.  W.  275. 

Sec.  11165.  County  school  funds. — It  is  hereby  made  the 
duty  of  the  several  county  courts  of  this  state  to  diligently 
collect,  preserve  and  securely  invest,  at  the  highest  rate  of 


Revised  School  Laws.  37 

interest  that  can  be  obtained,  not  exceeding  eight  nor  less  than 
four  per  cent,  per  annum,  on  unincumbered  real  estate  security, 
worth  at  all  times  at  least  double  the  sum  loaned,  and  may,  in 
its  discretion,  require  personal  security  in  addition  thereto,  the 
proceeds  of  all  moneys,  stocks,  bonds  and  other  property  belong- 
ing to  the  county  school  fund;  also,  the  net  proceeds  from  the 
sale  of  estrays;  also,  the  clear  proceeds  of  all  penalties  and  for- 
feitures, and  of  all  fines  collected  in  the  several  counties  for  any 
breach  of  the  penal  or  military  laws  of  this  state,  and  all  moneys 
which  shall  be  paid  by  persons,  as  an  equivalent  for  exemption 
from  military  duty,  shall  belong  to  and  be  securely  invested  and 
sacredly  preserved  in  the  several  counties  as  a  county  public 
school  fund,  the  income  of  which  fund  shall  be  collected  annually 
and  faithfully  appropriated  for  establishing  and  maintaining  free 
public  schools  in  the  several  counties  of  this  state.  (R.  S.  1919, 
§  11165.) 

Section  construed. — A  party  who  signed  a  school  fund  bond  as  additional 
security  and  looked  after  payment  of  interest  thereon  for  six  years  cannot  escape 
liability  by  proving  that  the  only  authority  for  demanding  such  bond  was  an  order 
made  nunc  pro  tune  by  county  court  after  such  bond  was  signed.  The  county 
court  scannot  release  a  surety  nor  delegate  its  power  to  make  loans  of  school  funds. 
Montgomery  Co.  v.  Auchley,  103  Mo.  493,  15  S.  W.  626. 

An  attorney's  fee  and  expenses  incurred  in  protecting  school  funds  should 
be  paid  out  of  the  school  fund  protected.  Morrow  v.  County,  189  Mo.  610,  88 
S.  W.  99.  A  second  mortgage  on  real  estate  should  not  be  taken,  but  when  taken 
is  a  valid  lien.  Sharp  v.  Collins,  74  Mo.  266. 

Failure  of  county  court  to  take  mortgage  in  fee  on  unincumbered  real  estate 
does  not  release  surety  on  note.  15  Mo.  604. 

Powers  of  county  court,  sureties  on  school  fund,  bonds,  etc.,  discuesed.  103 
Mo.  492.  The  judges  of  the  county  court  will  be  held  accountable  for  any  diversion 
of  the  school  funds.  110  Mo.  67. 

Sec.  11166.  School  fund  not  to  be  loaned  to  certain  per- 
sons— penalty. — The  county  court  shall  not  loan  any  money 
belonging  to  the  school  fund  to  any  officer  of  the  county  or  his 
deputy,  nor  shall  such  officer  or  his  deputy  be  accepted  as  security 
on  the  obligation  given  by  the  person  borrowing.  Any  officer 
of  the  county  who  shall  violate  the  provisions  of  this  section  by 
authorizing  any  such  loan  or  drawing  any  warrant  for  moneys 
loaned  in  violation  of  this  section  shall  be  held  responsible  for 
the  sum  so  loaned,  with  interest  thereon,  to.  be  recovered  in 
the  name  of  the  county  to  the  use  of  the  district  whose  fund 
has  been  so  used.  (R.  S.  1919,  §  11166.) 

Sec.  11167.  County  court  to  have  jurisdiction  of  county 
school  fund. — Whenever  any  county  in  this  state  may  have, 
separate  and  apart  from  the  township  funds,  any  public  school 
fund  arising  from  any  source  whatever,  the  same  shall  be  under 
the  jurisdiction  of  the  county  court  of  said  county,  who  shall 
be  governed  in  its  care  and  investment  by  the  same  rules  and 
regulations  as  govern  its  actions  in  the  township  funds — the 
proceeds  of  said  funds  to  be  collected  annually  and  distributed 
as  provided  in  section  11179.  (R.  S.  1919,  §  11167.) 


38  Revised  School  Laws. 

9 

Sec.  11168.  Collection  of  fines  and  penalties  and  other 
school  moneys.—  The  county  treasurer  shall  collect,  or  cause  to 
be  collected,  all  school  moneys  mentioned  in  section  11165,  and 
all  other  moneys  for  school  purposes  in  his  county,  and  shall  give 
the  party  paying  duplicate  receipts  therefor,  and  said  party  shall 
file  one  of  said  receipts  with  the  county  clerk,  who  shall  file 
the  same  and  charge  the  same  to  the  county  treasurer;  said 
clerk  shall  thereupon  credit  the  bond  and  mortgage  with  the 
amount  of  said  receipt,  and  when  the  amount  of  said  receipts  is 
in  full  of  all  interest  and  principal  of  said  bond  and  mortgage, 
then  the  clerk  shall  satisfy  said  mortgage  of  record.  Any  person 
violating  the  provisions  of  this  section  shall  be  deemed  guilty 
of  a  misdemeanor  and  punished  by  a  fine  not  to  exceed  five 
hundred  dollars.  (R.  S.  1919,  §  11168.) 

County  clerk  has  not  authority  to  collect  school  funds,  and  a  payment  to  him 
does  not  release  mortgage.  Knox  Co.  v.  Goggin,  105  Mo.  182,  16  S.  W.  684. 

Sec.  11169.  Township  school  fund,  source  of.  —The  pro- 
ceeds of  the  sixteenth  section,  or  other  lands  selected  in  lieu 
thereof,  the  interest  of  such  proceeds,  the  rents  and  profits  of 
such  lands,  and  all  the  public  school  moneys  which  shall  be 
apportioned  to  any  unorganized  township,  arising  from  dividends, 
proceeds  and  profits  of  the  public  school  fund,  shall  constitute 
a  township  school  fund.  (R.  S.  1919,  §  11169.) 

In  action  by  state  to  recover  land,  production  of  survey  not  necessary  where 
answer  sufficiently  admits  land  claimed  has  been  sufficiently  designated.  19  Mo. 
607,  When  state  and  inhabitants  estopped  from  afterwards  claiming  land.  18 
Mo.  313.  Title  of  state  of  Missouri  to  sixteenth  section  granted  by  act  of  Congress, 
March  6,  1820,  for  school  purposes,  is  not  impaired  or  destroyed  by  previous 
location  of  a  New  Madrid  certificate  upon  these  sections.  13  Mo.  139. 

Sec.  11170.  Management  of  school  funds. — The  county 
courts,  respectively,  shall  have  the  care  and  management  of  the 
school  funds  of  the  several  townships  within  their  respective 
jurisdictions,  and  shall  cause  accounts  thereof  to  be  stated  and 
kept  so  as  to  exhibit  the  funds  of  each  township  separately, 
and  the  disposition  thereof.  (R.  S.  1919,  §  11170.) 

School  funds. — The  county  court,  in  its  management  of  township  school  funds, 
acts  for  benefit  of  the  several  townships  who  hold  the  equitable  title  to  such  funds. 
County  courts  should  obtain  additional  security  or  foreclose  mortgages  whenever 
the  security  from  any  cause  becomes  unsafe.  Ray  Co.  to  use  v.  Bentley,  49  Mo. 
236;  State  to  use  v.  Bonner,  5  A.  13.  Since  the  case  of  Ray  Co.  to  use  v.  Bentley, 
49  Mo.  236,  was  decided,  Sec.  11178  has  been  enacted,  authorizing  counties  to 
purchase  lands  sold  under  school  mortgage.  (Acts  1874,  p.  161.) 

Sec.  11171.  Transfer  of  funds  when  county  lines  are 
changed.  —Whenever,  by  the  establishment  of  a  new  county 
or  change  of  county  lines,  any  township  shall  fall  within  the 
jurisdiction  of  a  different  county,  the  court  having  charge  of 
the  public  school  fund  of  said  township  shall  cause  an  account 
thereof  to  be  stated,  and  the  funds,  together  with  all  mortgages, 
bonds  and  other  securities  belonging  to  the  said  fund,  shall  be 


Revised  School  Laws.  .  39 

transferred  to  the  court  of  the  county  thus  acquiring  jurisdic- 
tion over  such  township.      (R.  S.  1919,  §  11171.) 

Sec.  11172.  Capital  of  township  fund,  how  invested. 
Whenever  there  shall  be  in  the  county  treasury  any  money 
belonging  to  the  capital  of  the  school  fund  of  any  township 
therein,  the  county  court  of  such  county  shall  loan  the  same 
for  the  highest  interest  that  can  be  obtained,  not  exceeding 
eight  nor  less  than  four  per  cent,  per  annum,  upon  conditions 
and  subject  to  the  restrictions  hereinafter  set  forth.  (R.  S. 
1919,  §  11172.) 

A  county  court  having  loaned  school  funds  has  no  right,  upon  application 
of  the  inhabitants  of  the  township,  to  reduce  the  rate  of  interest.  The  county 
courts  are  trustees  for  these  funds,  and  cannot  dispose  of  principal  or  interest 
otherwise  than  the  law  prescribes.  And  if  by  order  they  reduce  the  rate  of  interest 
on  the  loan,  they  may  be  compelled  by  mandamus  to  collect  the  full  amount  orig- 
nally  contracted  for.  15  Mo.  412;  103  Mo.  492. 

Sec.  11173.  Security  for  loans. — When  any  moneys  be- 
longing to  said  funds  shall  be  loaned  by  the  county  courts,  they 
shall  cause  the  same  to  be  secured  by  a  mortgage  in  fee  on  real 
estate  within  the  county,  free  from  all  liens  and  incumbrances, 
of  the  value  of  double  the  amount  of  the  loan,  with  a  bond, 
and  may,  if  they  deem  it  necessary,  also  require  personal  security 
on  such  bond;  and  no  loan  shall  be  made  to  any  person  other 
than  an  inhabitant  of  the  same  county,  nor  shall  any  person 
be  accepted  as  security  who  is  not  at  the  time  a  resident  house- 
holder therein,  who  does  not  own  and  is  not  assessed  on  property 
in  an  amount  equal  to  that  loaned,  in  addition  to  all  the  debts 
for  which  he  is  liable  and  property  exempt  from  execution. 
In  all  cases  of  loan,  the  bond  shall  be  to  the  county,  for  the 
use  of  the  township  to  which  the  funds  belong,  and  shall  specify 
the  time  when  the  principal  is  payable,  rate  of  interest  and  the 
time  when  payable;  that  in  default  of  payment  of  the  interest, 
annually,  or  failure  by  principal  in  the  bond  to  give  additional 
security  when  thereto  lawfully  required,  both  the  principal  and 
interest  shall  become  due  and  payable  forthwith,  and  that  all 
interest  not  punctually  paid  shall  bear  interest  at  the  same  rate 
of  interest  as  the  principal.  But  before  any  loan  shall  be  ef- 
fected, the  borrower  shall  file  with  the  county  court  an  abstract 
of  title  at  the  time  he  files  his  bond  and  mortgage  to  the  real 
estate  which  is  to  be  mortgaged.  (R.  S.  1919,  §  11173.) 

Section  construed. — The  county  is  the  proper  party  to  maintain  suit  for  town- 
ship funds  loaned.  Lafayette  Co.  v.  Hixon,  69  Mo.  581;  State  to  use  v.  Sapping- 
ton,  68  Mo.  454.  County  court  has  right  to  release  mortgage  on  one  tract  and 
accept  mortgage  on  other  lands  to  secure  the  debt  when  this  can  be  done  without 
detriment  or  risk  to  the  school  funds,  and  sureties  on  personal  bond  cannot  com- 
plain unless  they  are  injured.  Lafayette  Co.  v.  Hixon,  69  Mo.  581. 

A  chattel  mortgage  given  to  county  as  additional  security,  without  any  de- 
mand having  been  made  for  such  additional  security,  is  void  as  to  unsecured  credi- 
tors of  mortgagor.  Paddock,  etc.  v.  McDonald,  61  A.  559. 

County  court  has  power  to  release  mortgage  taken  as  security  for  school 
funds  upon  receiving  in  its  place  mortgage  upon  other  lands.  74  Mo.  266;  130 


40  Revised  School  Laws. 

Mo.  492;  108  Mo.  204.      Mortgage  given  to  county  to  secure  loan  of  school  money 
is  not  void  because  it  is  a  school  mortgage.      This  statute  is  directory.      74  Mo.  266. 

Sec.  11174.  Form  of  mortgage — notice  of  sale — fees,  how 
paid. — Every  mortgage  taken  under  the  provisions  of  this  chapter 
shall  be  in  the  ordinary  form  of  a  conveyance  in  fee,  shall  recite 
the  bond,  and  shall  contain  a  condition  that  if  default  shall  be 
made  in  payment  of  principal  or  interest,  or  any  part  thereof, 
at  the  time  when  they  shall  severally  become  due  and  payable, 
according  to  the  tenor  and  effect  of  the  bond  recited,  the  sheriff 
of  the  county  may,  upon  giving  twenty  days'  notice  of  the  time 
and  place  of  sale,  by  publication  in  some  newspaper  published 
in  the  county,  if  there  be  one  published,  and  if  not,  by  at  least 
six  written  or  printed  handbills,  put  up  in  different  public  places 
in  the  county,  without  suit  on  the  mortgage,  proceed  and  sell 
the  mortgaged  premises  or  any  part  thereof,  to  satisfy  the 
principal  and  interest,  and  make  an  absolute  conveyance  there- 
of, in  fee,  to  the  purchaser,  which  shall  be  as  effectual  to  all 
intents  and  purposes  as  if  such  sale  and  conveyance  were  made 
by  virtue  of  a  judgment  of  a  court  of  competent  jurisdiction 
foreclosing  the  mortgage.  In  all  cases  of  loan  of  school  funds 
in  the  various  counties,  the  expense  of  drawing  and  preparing 
securities  therefor,  and  of  acknowledging  and  recording  mort- 
gages, including  the  fees  of  all  officers  for  the  filing,  certifying 
or  recording  such  mortgages  and  other  securities,  shall  be  paid 
by  the  borrowers  respectively.  (R.  S.  1919,  §  11174.) 

Form  of  mortgage. — The  provisions  of  this  section  in  regard  to  form  of  mort- 
gage are  directory,  and  immaterial  departures  from  its  requirements  will  be  dis- 
regarded. A  common  law  mortgage  given  for  school  funds  creates  a  valid  lien. 
Mann  v.  Best,  62  Mo.  491;  Grant  v.  Huston,  105  Mo.  97,  16  S.  W.  680;  Snyder  v. 
Ry.,  131  Mo.  568,  33  S.  W.  67.  A  school  mortgage  made  in  pursuance  of  this 
section  cannot  be  foreclosed  by  sheriff  until  the  county  court  has  made  and  de- 
llivered  to  him  its  order  commanding  such  foreclosure,  as  provided  in  Sec.  11176 
Benton  Co.  v.  Morgan,  163  Mo.  661,  676,  64  S.  W.  119. 

A  loan  made  to  the  county  court  is  valid,  although  not  authorized  by  the 
court,  but  made  by  the  county  clerk  and  county  treasurer.  Riverside  Lumber 
Co.  v.  Schafer,  251  Mo.' 539,  158  S.  W.  340. 

Sec.  11175.  County  court  may  require  additional  security. 
The  county  court  shall  have  power,  from  time  to  time,  to  re- 
quire additional  security  to  be  given  on  said  bond  when  they, 
in  their  judgment,  deem  it  necessary  for  the  better  preservation 
of  the  fund.  If  such  additional  security  be  not  given  within 
ten  days  after  an  order  to  that  effect  shall  be  made  and  served 
on  the  principal  in  the  bond,  and  in  all  cases  of  default  in  the 
payment  of  interest,  the  court  shall  proceed  to  enforce  payment 
of  both  principal  and  interest  by  writ,  or  in  a  summary  manner, 
as  provided  in  this  chapter.  (R.  S.  1919,  §  11175.) 

Sec.  11176.  County  court  may  make  order  of  sale,  when. 
Whenever  the  principal  and  interest,  or  any  part  thereof,  secured 
by  mortgage  containing  a  power  to  sell,  shall  become  due  and 
payable,  the  county  court  may  make  an  order  to  the  sheriff, 


Revised  School  Laws.  41 

reciting  the  debt  and  interest  to  be  received,  and  commanding 
him  to  levy  the  same,  with  costs,  upon  the  property  conveyed 
by  said  mortgage,  which  shall  be  described  as  in  the  mortgage; 
and  a  copy  of  such  order,  duly  certified,  being  delivered  to  the 
sheriff,  shall  have  the  effect  of  a  fieri  facias  on  a  judgment  of 
foreclosure  by  the  circuit  court,  and  shall  be  proceeded  with 
accordingly.  (R.  S.  1919,  §  11176.) 

Foreclosure  of  school  mortgage. — County  court  has  power  under  the  Consti- 
tution to  order  the  foreclosure  of  school  mortgages  as  provided  in  this  section, 
but  if  the  sheriff  sell  before  receiving  certified  copy  of  the  order  of  the  court,  the 
sale  is  void.  Benton  Co.  v.  Morgan,  163  Mo.  661,  64  S.  W.  119.  An  error  in 
sheriff's  notice  of  sale,  if  not  known  to  purchaser,  does  not  affect  validity  of  sale. 
Mitchell  v.  County,  80  Mo.  257.  When  county's  agent  was  misled  by  sheriff 
and  purchaser,  sale  may  be  set  aside  for  gross  inadequacy  of  consideration.  Cole 
Co.  v.  Madden,  91  Mo.  585,  4  S.  W.  397. 

When  sale  under  school  mortgage  is  invalid  because  the  order  of  sale  did  not 
properly  recite  the  debt,  the  purchaser  becomes  subrogated  to  the  rights  of  mort- 
gagor. Honaker  v.  Shough,  55  Mo.  472.  Such  purchaser  cannot  collect  from 
mortgagor  unpaid  balance  of  the  mortgage;  such  balance  not  covered  by  purchaser's 
bid  belongs  to  county.  Wells  v.  County,  80  Mo.  424.  For  selling  under  school 
mortgage  sheriff  is  entitled  to  same  fee  as  for  sales  under  executions.  Jackson 
Co.  v.  Stone,  168  Mo.  577,  68  S.  W.  926. 

A  school  fund  mortgage  forclosed  without  the  statutory,  order  of  the  county 
court  is  invalid  and  cannot  be  corrected  by  an  attempted  nunc  pro  tune  order  made 
two  years  later.  Neil  v.  Tubb,  241  Mo.  666,  145  S.  W.  766. 

Where  order  of  county  court,  foreclosing  mortgage  given  to  county  to  secure 
school  debt,  did  not  truly  recite  debt  so  as  to  sufficiently  identify  mortgage,  held 
that  sale  thereunder  did  not  transfer  title.  53  Mo.  147.  Money  expended  by 
county  court  in  suits  to  stay  waste  and  protect  security  of  school  mortgages, 
held  payable  out  of  fund  protected.  58  Mo.  276,  64  Mo.  179.  Statute  relating 
to  securities  does  not  apply  to  bonds  given  county  for  school  money.  50  Mo. 
225.  When  sale  under  this  section  will  be  set  aside  on  account  of  conduct  of 
sheriff  and  agent  of  county.  80  Mo.  424,  91  Mo.  585,  115  Mo.  524. 

Sec.  11177.  Receipts  for  principal  or  interest  of  loan  paid. 
When  any  portion  of  principal  or  interest,  or  both,  may  be  col- 
lected, as  provided  in  any  of  the  foregoing  sections,  it  shall  be 
paid  into  the  county  treasury;  and  it  shall  be  the  duty  of  the 
treasurer  to  give  the  person  making  payment  thereof  duplicate 
receipts,  specifying  the  sums  paid  and  on  what  account.  One 
of  said  receipts  shall  be  given  to  the  clerk  of  the  county  court, 
who  shall  file  and  preserve  the  same  in  his  office,  charge  the 
treasurer  with  the  amount,  and  credit  the  payment  to  the  party 
on  whose  account  it  is  made  on  his  bond  and  mortgaged  (R.  S. 
1919,  §  11177.) 

Payment  oj  school  money. — County  clerk  has  no  authority  to  collect  school 
money  and  release  mortgage.  Knox  Co.  v.  Goggin,  105  Mo.  182,  16  S.  W.  684. 

Endorsement  by  county  clerk  of  payments  of  interest  upon  bond  given  for 
loan  of  school  moneys  is  competent  evidence  of  such  payments.  35  Mo.  395. 

Sec.  11178.     Authority  to  repossess  property  by  purchase. 

Whenever  any  property  heretofore  or  hereafter  conveyed  in  trust 
or  mortgaged  to  secure  the  payment  of  a  loan  of  school  funds 
shall  be  ordered  to  be  sold  under  the  provisions  of  this  chapter, 
or  by  virtue  of  any  power  in  such  conveyance  in  trust  or  mort- 
gage contained,  the  county  court  having  the  care  and  manage- 


42  Revised  School  Laws. 

ment  of  the  school  fund  or  funds  out  of  which  such  loan  was 
made  may,  in  its  discretion,  for  the  protection  of  the  interest 
of  the  schools,  become,  through  its  agent  thereto  duly  authorized, 
a  bidder,  on  behalf  of  its  county,  at  the  sale  of  such  property 
as  aforesaid  and  may  purchase,  take,  hold  and  manage  for  said 
county,  to  the  use  of  the  township  out  of  the  school  fund  of 
which  such  loan  was  made,  or  in  its  own  name  where  such  loan  has 
been  made  out  of  the  general  school  funds,  the  property  it  may 
acquire  at  such  sale  aforesaid.  The  county  court  of  any  county 
holding  property  acquired  as  aforesaid  may  appoint  an  agent 
to  take  charge  of,  rent  out  or  lease  or  otherwise  manage  the 
same,  under  the  direction  of  said  court;  but  as  soon  as  practic- 
able, and  in  the  judgment  of  said  court  advantageous  to  the 
school  or  schools  interested  therein,  such  property  shall  be  re- 
sold in  such  manner  and  on  such  terms,  at  public  or  private 
sale,  as  said  court  may  deem  best  for  the  interest  of  said  school 
or  schools;  and  the  money  realized  on  such  sale,  after  the  pay- 
ment of  the  necessary  expenses  thereof,  shall  become  part  of 
the  school  fund  out  of  which  the  original  loan  was  made.  (R.  S. 
1919,  §  11178.) 

Construction. — County  can  maintain  ejectment  for  possession  of  lands  pur- 
chased under  this  section.  Lincoln  Co.  v.  Magruder,  3  A.  314.  When  one  has 
purchased -swamp  lands  and  given  his  mortgage  to  secure  the  purchase  price,  but 
the  deed  from  county  is  not  made  until  after  the  mortgage  is  executed,  such  deed 
does  not  release  the  mortgage.  Williams  v.  Brownlee,  101  Mo.  309,  13  S.  W.  1049. 

Sale  of  land  under  this  section,  how  set  aside.  91  Mo.  585.  Recital  in  deed 
from  county  that  county  had  appointed  commissioner  to  convey  land,  and  that 
grantee  therein  had  become  the  purchaser  and  paid  price  in  full  with  interest, 
does  not  tend  to  show  private  sale.  101  Mo.  309. 

Where  defendants  allege  that  the  county  court  had  an  agent  present  at  the 
sale  who  bid  on  the  property,  they  will  not  be  heard  on  appeal  to  deny  the  presence 
of  such  agent,  because  of  the  failure  of  the  county  court  to  appoint  by  entry  of 
record.  91  Mo.  585. 

Sec.  11179.  Apportionment  of  public  school  fund. --The 
state  superintendent  of  public  schools  shall,  annually,  before 
August  15th,  apportion  the  public  school  fund  applied  for  the 
benefit  of  the  public  schools  among  the  different  counties.  This 
apportionment  shall  be  made  as  follows:  The  state  superin- 
tendent shall  apportion,  among  the  various  counties,  fifty  dollars 
for  each- teacher,  each  principal,  and  each  supervisor  actually 
employed  for  the  entire  term:  Provided,  that  any  teacher  em- 
ployed for  less  than  one-half  of  the  day  shall  not  be  counted; 
any  teacher  employed  for  less  than  one-half  of  the  term  for  which 
school  is  maintained  in  the  district  shall  not  be  counted;  for 
each  teacher  employed  for  more  than  one-half  of  the  school 
term  of  the  district  and  less  than  nine-tenths  of  the  school  term, 
he  shall  apportion  only  twenty-five  dollars:  Provided,  also,  that 
he  shall  apportion  only  twenty-five  dollars  for  the  teacher  of 
any  district  in  which  the  average  attendance  during  the  year, 
preceding  the  apportionment  has  been  less  than  fifteen  pupils 
per  day:  Provided  further,  that  he  shall  apportion  one  hundred 


Revised  School  Laws.  43 

dollars  for  each  teacher  whose  salary  is  one  thousand  dollars  or 
more  per  year:  Provided,  that  he  shall  apportion  fifty  dollars 
for  each  teacher  of  any  district  that  employs  only  two  teachers, 
one  of  whom  is  colored  and  one  white:  Provided,  that  no  teacher, 
principal,  or  supervisor,  who  is  not  paid  by  the  school  board 
from  the  public  funds  of  the  district  shall  be  counted.  After 
these  teacher  apportionments  have  been  deducted  the  remainder 
of  the  state  school  fund  to  be  apportioned  shall  be  divided  by 
the  total  number  of  days'  attendance  of  all  the  pupils  of  the 
public  schools  of  the  state  and  the  quotient  thus  obtained  shall 
be  called  a  pupil  daily  apportionment.  The  amount  apportioned 
to  each  district  shall  be  determined  by  multiplying  this  pupil 
daily  apportionment  by  the  total  number  of  days'  attendance  of 
all  pupils  of  each  district:  Provided,  that  the  days'  attendance 
on  legal  holidays  and  on  days  when  the  school  is  dismissed  by 
order  of  the  board  to  permit  teachers  to  attend  teachers'  meet- 
ings shall  be  determined  by  counting  as  present  each  pupil  who 
was  present  on  the  last  day  the  school  was  in  session  before 
such  intermission.  The  clerk  of  each  school  district  shall  make 
a  report  to  the  county  clerk  between  June  15th  and  June  30th 
of  each  year,  showing  the  number  of  teachers  employed,  the 
total  number  of  days'  attendance  of  all  pupils,  the  length  of  the 
school  term,  the  average  attendance,  the  number  of  days  taught 
by  each  teacher,  the  salary  of  each  teacher,  and  any  other  in- 
formation that  the  state  superintendent  may  require.  The  afore- 
said report  shall  be  sworn  to  before  a  notary  public  or  the  county 
clerk.  The  county  clerk  shall  make  a  summary  of  all  these 
reports  and  forward  to  the  state  superintendent  of  public  schools, 
on  or  before  July  15th,  a  report  showing  the  total  number  of 
teachers  employed  in  the  county  and  the  total  number  of  days' 
attendance  of  all  pupils  in  the  county,  the  number  of  teachers 
employed  for  the  full  term,  and  the  number  for  half  terms,  and 
the  number  whose  salary  is  one  thousand  dollars  or  more  per 
year,  and  such  other  information  as  the  state  superintendent 
may  require.  Any  district  clerk,  county  clerk,  or  teacher,  who 
shall  knowingly  furnish  any  false  information  in  such  reports, 
or  neglect  or  refuse  to  make  aforesaid  report  shall  be  deemed 
guilty  of  a  misdemeanor  and  punishable  by  a  fine  not  exceeding 
five  hundred  dollars  or  imprisonment  in  the  county  jail  for  a 
term  not  exceeding  six  months  or  by  both  such  fine  and  imprison- 
ment. The  state  superintendent  of  public  schools  shall  certify 
the  amount  so  apportioned  to  the  state  auditor,  also  to  the 
county  clerk  of  each  county,  stating  from  what  source  the  same 
is  derived,  which  said  sum  the  several  county  treasurers  shall 
retain  in  their  respective  county  treasuries  from  the  state  fund; 
the  county  clerks  shall  annually  before  September  first,  accord- 
ing to  the  same  provisions  hereinbefore  stated,  for  determining 
the  apportionment  of  the  state  school  fund  by  the' state  super- 
intendent of  public  schools  proceed  to  apportion  the  state  school 
fund  for  their  respective  counties;  and  no  district,  city,  or  town 


44  Revised  School  Laws. 

which  shall  have  failed  to  make  this  report  to  the  county  clerk 
hereinbefore  required,  shall  be  entitled  to  receive  any  portion 
of  the  public  school  funds;  and  in  making  such  distribution, 
each  county  clerk  shall  apportion  all  moneys  collected  on  tax 
duplicate  of  any  district,  for  the  use  of  schools  to  such  district, 
all  moneys  received  from  the  state  treasurer,  and  all  moneys  on 
account  of  interest  of  the  funds  accruing  from  the  sale  of  section 
sixteen,  or  other  lands  in  lieu  thereof  to  the  district  schools  in 
the  congressional  townships,  and  parts  of  congressional  town- 
ships to  which  said  land  belonged,  and  all  other  moneys  for  the 
use  of  schools  in  the  county,  and  not  otherwise  apportioned  by 
law,  to  the  proper  district:  Provided,  that  all  school  moneys 
for  the  use  of  schools  in  any  townships  or  parts  of  townships 
and  all  moneys  for  the*  use  of  schools  in  any  county  shall  be 
apportioned  upon  the  last  enumeration  on  file  in  the  office  of 
the  county  clerk,  except  the  state  school  funds,  which  shall  be 
apportioned  as  hereinbefore  provided;  and  he  shall  immediately 
after  making  such  apportionment  enter  the  same  in  a  book  to 
be  kept  for  that  purpose,  and  shall  furnish  the  district  clerks, 
and  those  of  cities  and  villages,  as  the  case  may  be,  each  a  copy 
of  said  apportionment,  and  order  the  county  treasurer  to  place 
such  amount  to  the  credit  of  the  district,  city  or  town  entitled 
to  receive  the  same:  Provided,  that  no  school  district  which 
fails  to  levy  a  tax  of  forty  cents  on  the  one  hundred  dollars' 
assessed  valuation,  unless  the  assessment  of  a  less  amount,  to- 
gether with  the  moneys  received  from  the  public  funds,  shall 
amount  to  three  hundred  and  fifty  dollars  for  school  purposes, 
shall  receive  any  part  of  the  public  school  moneys  for  the  en- 
suing school  year,  and  the  county  clerk  shall  omit  such  districts 
in  the  apportionment  of  the  public  moneys:  Provided  further, 
that  no  district,  city  or  town  that  shall  have  failed  to  afford 
the  children  thereof  the  privileges  of  a  free  school  for  at  least 
eight  months  during  the  year  ending  the  30th  day  of  June  pre- 
vious to  the  said  distribution,  provided  a  tax  of  forty  cents  on 
the  one  hundred  dollars'  assessed  valuation,  together  with  the 
public  funds,  will  maintain  the  same,  shall  be  entitled  to  any 
portion  of  the  public  school  fund  for  that  year.  This  section  shall 
take  effect  and  be  in  force  on  and  after  the  first  day  of  September, 
1911.  (R.  S.  1919,  §  11179.) 

Distribution  oj  state  funds. — A  newly  formed  district  is  not  entitled  to  any 
state  funds  apportioned  to  old  districts  before  the  new  district  was  formed.  State 
ex  rel.  v.  District,  90  Mo.  395. 

Note  that  a  district  that  does  not  levy  a  tax  of  forty  cents  on  the  one  hundred 
dollars  is  not  entitled  to  any  part  of  the  public  funds  unless  a  smaller  levy  with  the 
public  funds  will  produce  $350.  The  cash  on  hand  is  not  to  be  counted  as  a  part 
of  the  $350. 

A  one-room  (one  teacher)  country  school  must  be  reported  as  employing  one 
teacher.  Although  two,  three  or  more  different  persons  may  be  enployed  by  the 
board  during  the  year,  yet  only  one  teacher  is  employed  at  a  given  time,  and 
the  district  employs  only  one  teacher.  Or  in  other  words,  "one  teacher"  means 
"one  teaching  position." 

A  two-room  (two  teacher)  or  "two  teaching  position"  school  must  be  reported 


Revised  School  .Laws.  45 

as  employing  two  teachers,  even  though  more  than  two  different  persons  have 
been  employed  in  getting  the  work  of  two  teachers  done.  Likewise  for  a  three- 
teacher  school,  a  four-teacher  school,  etc. 

No  person  who  is  not  a  legally  qualified  public  school  teacher  can  be  counted. 

The  school  law  recognizes  but  one  term  of  school  during  each  year.  Though 
the  term  be  divided,  it  is  still  one  (legal)  term  of  school. 

Sec.  11180.     School  state  aid  in  case  of  infectious  diseases. 

-Whenever  there  shall  have  existed  within  the  state,  or  any 
considerable  portion  thereof,  an  infectious  disease,  contagion, 
epidemic,  plague  or  similar  condition  whereby  the  school  atten- 
dance is  substantially  effected  for  an  extended  period  of  any 
school  year,  the  apportionment  of  school  funds  required  in  sec- 
tion 11179,  the  giving  of  state  aid,  and  all  other  distribution  of 
school  moneys  as  provided  by  law,  shall  be  made  on  the  basis  of 
the  school  year  next  preceding  such  condition.  (R.  S.  1919, 

§  11180.) 

Sec.  11181.  Correction  of  error  in  apportionment  —distri- 
bution of  funds. — The  state  superintendent  of  public  schools  is 
hereby  authorized  to  correct  any  error  made  in  the  apportion- 
ment of  the  public  school  funds  among  the  various  counties  of 
this  state  out  of  the  public  school  fund  of  the  year  next  follow- 
ing the  date  when  such  mistake  was  made,  and  the  amount  set 
apart  to  any  county  for  the  purpose  of  correcting  an  error  shall 
be  by  him  certified  to  the  state  auditor  and  to  the  county  clerk, 
and  the  state  auditor  shall  draw  a  warrant  on  the  state  treasurer 
for  the  amount  so  certified  in  favor  of  the  treasurer  of  said 
county,  and  the  county  clerk  shall  apportion  said  funds  to  the 
various  districts  in  said  county  as  the  funds  of  the  year  in  which 
said  error  occurred,  and  the  county  treasurer  may  pay  out- 
standing warrants  for  teachers'  wages  issued  during  the  school 
year  in  which  said  error  occurred,  not  to  exceed  the  correction 
made.  (R.  S.  1919,  §  11181.) 

The  state  superintendent  has  no  authority  to  correct  fraudulent  enumeration 
and  withhold  a  county's  share  of  the  state  money  on  that  account.  State  ex  rel. 
Randolph  Co.  v.  Evans,  240  Mo.  95,  145  S.  W.  40. 

Sec.  11182.  Distribution  of  funds  when  township  lies  in 
two  counties.  —Whenever  any  congressional  township  shall  lie 
in  two  or  more  counties,  the  township  school  fund  of  such  town- 
ship shall  be  divided  among  the  aforesaid  counties  in  proportion 
to  the  amount  of  territory  in  the  fractional  township  included 
in  each  county  as  follows:  The  county  court  of  th.e  county  in 
which  section  sixteen  is  located  shall,  upon  a  requisition  of  the 
county  clerk  of  any  county  containing  a  fractional  part  of  such 
township,  issue  an  order  transferring  the  amount  due  such  county 
under  this  section  into  the  care,  keeping  and  custody  of  the 
county  court  thereof;  and  said  fund  shall  be  loaned,  and  the  in- 
come derived  therefrom  shall  be  apportioned,  annually,  to  such 
fractional  township  as  though  it  were  an  entire  township;  and 
the  township  funds  of  all  entire  townships  and  all  fractional 
townships  included  within  the  limits  of  any  county  in  this  state 


46  Revised  School  Laws. 

shall  be  handled  and  controlled  by  the  proper  officers  of  such 
county,  as  set  forth  in  this  chapter.  The  provisions  of  this 
section  shall  not  apply  to  any  congressional  township  inter- 
sected by  the  Missouri  river.  (R.  S.  1919,  §  11182.) 

Sec.  11183.  Duties  of  county  clerk — assessment  of  esti- 
mates.— On  receipt  of  the  estimates  of  the  various  districts,  the 
county  clerk  shall  proceed  to  assess  the  amount  so  returned  on 
all  taxable  property,  real  and  personal,  in  said  district,  as  shown 
by  the  last  an-nual  assessment  for  state  and  county  purposes, 
including  all  statements  of  merchants  in  each  district  of  the 
amount  of  goods,  wares  and  merchandise  owned  by  them  and 
taxable  for  state  and  county  purposes:  Provided,  that  the  levy 
thus  extended  shall  not  exceed  in  any  one  year  as  follows:  For 
building  purposes,  one  per  centum  in  town  school  districts,  and 
not  more  than  sixty-five  cents  on  the  one  hundred  dollars  in 
other  districts;  for  school  purposes,  one  per  centum  in  town 
school  districts,  and  not  more  than  sixty-five  cents  on  the  one 
hundred  dollars  in  other  districts;  for  sinking  fund,  forty  cents 
on  the  one  hundred  dollars'  valuation,  and  a  sufficient  amount 
to  pay  interest  on  bonded  indebtedness;  all  of  which  shall  be 
extended  by  the  county  clerk  upon  the  general  tax  books  of  the 
county  for  said  year  in  separate  columns  arranged  for  that  pur- 
pose; and  the  county  clerks  shall  list  the  names  of  all  persons 
owning  any  personal  property  who  do  not  reside  in  any  school 
district,  and  the  value  thereof;  also,  list  all  lands  and  town  lots 
in  any  territory  not  organized  into  a  school  district,  and  shall 
levy  a  tax  of  forty  cents  on  the  one  hundred  dollars'  valuation 
on  all  such  taxable  property,  said  taxes  to  be  collected  as  other 
taxes  and  distributed  as  provided  in  section  11179,  and  it  shall 
be  the  duty  of  the  county  assessor  in  listing  property  to  take 
the  number  of  the  school  district  in  which  said  taxpayer  resides 
at  the  time  of  making  his  list,  to  be  by  him  marked  on  said  list, 
and  also  on  the  personal  assessment  book,  in  columns  provided 
for  that  purpose.  (R.  S.  1919,  §  11183.) 

Section  construed. — County  clerk  may  "assess"  (levy  and  extend)  taxes 
against  property,  but  he  cannot  assess  property  omitted  by  assessor.  School 
District  v.  Wickersham,  34  A.  337.  When  new  district  is  formed,  clerk  should  not 
levy  taxes  for  old  district  on  property  of  such  new  district, 'even  though  new  dis- 
trict has  failed  to  adopt  a  plat  thereof.  State  ex  rel.  v.  Burford,  82  A.  343. 

When  cgunty  clerk  assessed  personal  property  for  school  purposes  in  district 
where  owner  of  such  property  does  not  reside,  the  collector  cannot  change  the  tax 
book  nor  correct  the  error.  State  ex  rel.  v.  Brown,  172  Mo.  374,  72  S.  W.  640. 
Such  tax  is  illegal  and  cannot  be  collected.  State  ex  rel.  v.  Sheperd,  218  Mo.  656, 
117  S.  W.  1169. 

When  single  man  has  farm  in  one  district  and  temporarily  lodges  in  another, 
his  home  is  where  his  farm  is  located.  State  ex  rel.  v.  Sheperd,  218  Mo.  656,  117 
S.  W.  1169.  The  clerk  cannot. levy  or  extend  school  taxes  on  roadbed,  rolling  stock 
and  moving  property  of  railroad  until  such  tax  has  been  levied  by  county  court  as 
provided  in  Sec.  13031.  State  ex  rel.  v.  Ry.,  135  Mo.  618,  37  S.  W.  532. 

County  courts  have  no  power  to  alter  the  assessment  of  taxes  to  build  school- 
houses  merely  on  the  alleged  ground  that  the  schoolhouse  was  unnecessary,  the 


Revised  School  Laws*  47 

decision  of  that  question  is  left  to  the  local  directors,  and  that  tribunal  has  no 
control  over  the  county  clerk  in  respect  to  the  assessment  and  extension  of  school 
taxes.  52  Mo.  218,  67  Mo.  706. 

A  school  estimate  stating  rate  of  levy,  but  omitting  amounts  of  the  several 
funds,  is  not  illegal  on  that  account.  126  Mo.  472. 

Tho  court  will  not  compel  a  county  clerk  by  mandamus  to  extend  school  taxes 
on  property  not  lawfully  subject  thereto.  120  Mo.  67. 

The  limits  of  a  town  or  city  school  district  need  not  be  precisely  coterminous 
with  the  city  limits  in  order  that  a  tax  in  excess  of  sixty-five  cents  on  the  one 
hundred  dollars'  valuation  may  be  levied  upon  the  property  in  the  district  for 
school  purposes.  263  Mo.  689. 

Sec.  11184.  Compensation  of  county  clerk  for  labor  on  tax 
books. — The  county  clerk  shall  receive  as  full  compensation 
therefor  ten  cents  for  every  hundred  figures  in  school  tax  column 
on  general  tax  book,  to  be  paid  by  the  county  treasurer  upon 
warrant  issue  by  the  county  court.  (R.  S.  1919,  §  11184.) 

Sec.  11185.  Report  of  county  clerk  to  state  superintendent. 
The  clerk  of  each  and  every  county  court  shall,  on  or  before 
the  thirty-first  day  of  July,  annually,  make  out  and  transmit  to 
the  state  superintendent  of  public  schools,*  at  Jefferson  City, 
an  abstract  of  all  the  returns  of  school  districts,  cities  or  towns 
in  his  county  made  to  him  according  to  the  form  that  may  be 
prescribed  by  the  state  superintendent;  also,  the  amount  of  in- 
come of  the  school  funds  of  said  county,  and  amount  realized 
from  taxes  collected  therein.  (R.  S.  1919,  §  11185.) 

Sec.  11186.  Collector's  receipts  and  compensation.— It 
shall  be  the  duty  of  the  county  clerk  to  take  a  receipt  from  the 
county  collector  for  the  school  taxes  by  him  placed  on  the  general 
tax  books;  and  the  collector  shall  proceed  to  collect  the  same 
in  like  manner  as  the  state  and  county  taxes  are  or  may  be 
collected,  and  he  shall  receive,  as  full  compensation  for  his 
services  on  the  amount  collected  and  paid  over  by  him,  the  same 
per  cent,  as  is  allowed  by  law  to  collectors  for  collecting  other 
taxes;  and  he  shall  pay  over  monthly,  to  the  county  treasurer, 
all  such  taxes  collected  and  take  his  receipt  therefor.  (R.  S. 
1919,  §  11186.) 

Sec.  11187.  Collections  of  delinquent  taxes. — The  collector 
shall,  at  the  time  of  returning  the  land  delinquent  list  for  state 
and  county  taxes,  return  therewith  all  land  school  taxes  herein 
provided  for  which  shall  remain  unpaid,  and  when  so  returned, 
the  same  shall  be  a  lien  on  such  real  estate,  and  be  collected 
in  the  same  manner  that  other  delinquent  taxes  on  land  are 
collected;  and  when  so  collected,  shall  be  paid  over  to  the  county 
treasurer  as  other  school  taxes.  (R.  S.  1919,  §  11187.) 

Sec.  11188.     County    treasurers    and    their    duties. — The 

county  treasurer  in  each,  county  shall  be  the  custodian  of  all 
moneys  for  school  purposes  belonging  to  the  different  districts, 
until  paid  out  on  warrants  duly  issued  by  order  of  the  board 
of  directors  or  to  the  treasurer  of  some  town,  city  or  consoli- 


48  Revised  School  Laws. 

dated  school  district,  as  authorized  by  this  chapter,  except  in 
counties  having  adopted  the  township  organization  law,  in  which 
counties  the  township  trustee  shall  be  the  custodian  of  all  school 
moneys  belonging  to  the  township,  and  be  subject  to  correspond- 
ing duties  as  the  county  treasurer;  and  said  treasurer  shall  pay 
all  orders  heretofore  legally  drawn  on  township  clerks,  and  not 
paid  by  such  township  clerks,  out  of  the  proper  funds  belong- 
ing to  the  various  districts;  and  on  his  election,  before  entering 
upon  the  duties  of  his  office,  he  shall  give  a  separate  bond,  with 
sufficient  security,  in  double  the  probable  amount  of  school 
moneys  that  shall  come  into  his  hands,  payable  to  the  state 
of  Missouri,  to  be  approved  by  the  county  court,  conditioned 
for  the  faithful  disbursement,  according  to  law,  of  all  such 
moneys  as  shall  from  time  to  time  come  into  his  hands;  and 
on  the  forfeiture  of  such  bond  it  shall  be  the  duty  of  the  county 
clerk  to  collect  the  same  for  the  use  of  the  schools  in  the  various 
districts.  If  such  county  clerk  shall  neglect  or  refuse  to  prose- 
cute, then  any  freeholder  may  cause  prosecution  to  be  instituted. 
It  shall  be  the  duty  of  the  county  court  in  no  case  to  permit 
the  county  treasurer  to  have  in  his  possession,  at  any  one  time, 
an  amount  of  school  moneys  over  one-half  the  amount  of  the 
security  available  in  the  bond;  and  the  county  treasurer  shall 
be  allowed  such  compensation  for  his  services  as  the  county 
court  may  deem  advisable,  not  to  exceed  one-half  of  one  per 
cent,  of  all  school  moneys  disbursed  by  him,  and  to  be  paid  out 
of  the  county  treasury.  (R.  S.  1919,  §  11188.) 

Tceasurer's  bond  and  compensation. — A  treasurer's  bond  under  this  section, 
which  in  general  terms  requires  him  to  faithfully  disburse  all  funds  which  come  into 
his  hands,  binds  him  to  safely  keep  and  disburse  all  kinds  of  school  moneys  which 
he  may  receive,  and  he  cannot  receive  credit  from  a  district  for  warrants  paid  in 
excess  of  the  moneys  received  for  such  district.  State  ex  rel.  v.  Cook,  72  Mo.  496. 

But  when  bond  only  obligates  him  to  receive  and  disburse  "school  funds  of 

county,"  this  does  not  make  his  sureties  liable  for  district  school  funds  received 
by  him  and  paid  out  on  a  forged  warrant.  State  ex  rel.  v.  Weeks,  92  A.  359. 

This  section  does  not  fix  the  compensation  of  treasurer  at  one-half  of  one  per 
cent.  He  is  entitled  only  to  that  amount  or  such  part  thereof  as  the  county  court 
may  deem  reasonable,  and  he  cannot  recover  for  services  in  handling  school  moneys 
unless  the  court  has  made  an  order  fixing  the  amount  he  shall  receive.  Sanderson 
v.  County,  195  Mo.  598,  93  S.  W.  942. 

Sec.  11189.     Settlement  of  county  or  township  treasurer. 

The  county  or  township  treasurer  shall,  semi-annually,  settle 
his  accounts  with  the  county  court -at  its  first  and  third  regular 
terms  in  each  year,  being  the  regular  February  and  August  terms 
of  said  court;  and  at  the  end  of  his  term,  or  if  he  resign  or  be 
removed  from  office,  he,  or  if  he  die,  his  executor  or  administrator, 
shall,  within  twenty  days,  settle  with  the  county  court,  and  if 
there  be  no  term,  or  the  court  be  not  in  session,  the  presiding 
judge  shall  call  a  special  term  to  make  such  settlement.  The 
said  treasurer  shall  account  for  all  school  moneys  or  funds  of 
any  and  all  kinds  received  by  him,  from-  whom  and  on  what 
account,  and  the  particular  fund  to  which  each  of  said  funds 


Revised  School  -Laws.  49 

were  entered  and  charged,  and  the  amount  paid  out  for  school 
purposes  to  the  various  districts  of  the  county,  and  for  any 
and  all  other  purposes.  The  county  court  shall  examine  the 
vouchers,  receipts,  orders  and  warrants  upon  which  each  of 
such  payments  were  made,  and  if  satisfied  that  said  payments 
are  just  and  correct,  shall  make  an  order  attesting  the  same,  which 
order  shall  be  entered  of  record  and  shall  be  prima  facie  a  dis- 
charge of  the  liability  of  said  treasurer.  The  said  treasurer  shall, 
within  five  days  after  his  final  settlement,  or  at  the  expiration 
of  his  term  of  office,  turn  over  to  his  successor  in  office  all  moneys, 
funds,  records^  papers,  furniture  and  fixtures  belonging  to  said 
office,  and  take  his  receipt  therefor,  and  within  five  days  file  a 
duplicate  of  said  receipt  writh  the  clerk  of  the  county  court  of 
said  county.  The  said  county  or  township  treasurer  shall,  on 
the  25th  day  of  March  and  the  first  Monday  in  October  of 
each  year,  deliver  or  mail  to  the  clerk  of  each  school  district 
in  the  county  or  township  an  accurate  and  detailed  statement, 
showing  the  actual  amount  of  cash  on  hand  to  the  credit  of 
each  of  the  district  funds;  and  the  statement  made  in  October, 
as  herein  provided,  shall  show  the  amount  of  cash  on  hand  on 
the  day  of  the  approval  of  the  last  settlement  made  by  the  said 
treasurer  with  the  county  court,  and  shall  be  jointly  made  and 
signed  by  the  said  county  treasurer  and  clerk  of  the  county 
court,  and  shall  be  a  full  exhibit,  showing  the  amount  of  public 
money,  railroad  taxes,  and  all  other  moneys  on  hand  or  due 
the  district  by  taxation,  the  levies  made,  the  assessed  valuation 
of  each  of  said  districts  for  the  year,  and  the  balance  on  hand 
to  the  credit  of  each  district  fund.  (R.  S.  1919,  §  11189.) 

Section  construed. — State  ex  rel.  School  District  v.  Shuck,  273  Mo.  50,  199  S. 
W.  975. 

The  county  treasurer's  term  of  office  begins  January  1st.  His  semi-annual 
settlements  should  be  based  on  the  showing  of  his  books  on  January  1st  and  July 
1st.  The  settlement  may  not  be  made  with  the  court  until  the  August  term, 
but  it  should  be  based  on  the  balances  shown  by  the  treasurer's  books  at  the  close 
of  business  June  30th.  Likewise  at  the  February  term  of  the  county  court  the 
report  should  show  the  balances  at  the  close  of  business  December  31st. 

This  will  enable  the  county  treasurer  to  base  his  settlements  on  conditions  at 
the  close  of  the  school  year  and  six  months  thereafter.  It  also  makes  it  easy  for 
him  to  report  to  the  district  clerks  the  conditions  of  the  finances  of  their  districts 
on  July  1st  of  each  year. 

Sec.  11190.  Penalty  for  failure  to  make  settlement.— In 
case  the  county  or  township  treasurer  shall  fail  to  make  such 
semi-annual  settlement  with  the  county  court  within  the  time 
prescribed  in  the  preceding  section,  he  shall,  in  addition  to  the 
sum  remaining  unaccounted  for,  forfeit  the  sum  of  five  hundred 
dollars,  to  be  recovered  in  a  civil  action,  in  the  name  of  the 
state  of  Missouri,  and  when  collected,  to  be  applied  to  the  use 
of  public  schools  in  such  county;  and  it  is  hereby  made  the  duty 
of  the  county  clerk  to  proceed  forthwith,  in  case  of  such  failure, 
by  suit,  against  such  treasurer,  before  any  proper  tribunal,  to 
recover  the  penalty  aforesaid;  but  when  it  appears  on  trial,  to 


50  Revised  School  Laws. 

the  satisfaction  of  said  court,  that  said  treasurer  was  prevented 
from  making  such  settlement  within  the  time  by  sickness  or 
unavoidable  absence  from  home,  it  shall  be  the  duty  of  the 
court  to  direct  a  verdict  for  such  treasurer  on  his  paying  the 
costs.  (R.  S.  1919,  §  11190.) 

Sec.  11191.  Title  of  property. — The  title  of  all  schoolhouse 
sites  and  other  school  property  shall  be  vested  in  the  district  in 
which  the  same  may  be  located;  and  all  property  leased  or  rented 
for  school  purposes  shall  be  wholly  under  the  control  of  the 
board  of  directors  during  such  time;  but  no  board  shall  lease 
or  rent  any  building  for  school  purposes  while  the  district  school- 
house  is  unoccupied,  and  no  schoolhouse  or  school  site  shall  be 
abandoned  or  sold  until  another  site  and  house  are  provided  for 
such  school  district.  (R.  S.  1919,  §  11191.) 

Sec.  11192.  Formation  of  new  districts — notice  of  proposed 
organization. — In  any  county  in  this  state  containing  seventy-five 
thousand  population  and  adjoining  a  city  having  over  five  hundred 
thousand  inhabitants,  whenever  territory  is  annexed  to  an  incorpo- 
rated town  or  city  for  school  purposes,  the  adult  taxpayers  residing 
outside  of  the  corporate  limits  of  the  town  or  city  and  in  the  school 
district  thereof  may,  after  giving  thirty  days'  notice  by  publication 
in  a  newspaper  published  in  said  district  and  by  at  least  twenty- 
five  printed  hand  bills  posted  in  the  school  district,  describing 
the  proposed  new  district  boundaries  and  naming  the  time  and 
place  of  meeting,  meet  and  organize  a  school  district  for  the 
territory  outside  of  the  corporate  limits  of  the  town  or  city 
located  in  such  school  district,  and  at  the  meeting  so  called  a 
chairman  and  secretary  shall  be  elected  who  shall  keep  a  record 
of  the  proceedings  at  said  meeting.  An  accurate  description  of 
the  boundaries  of  the  new  district  shall  be  spread  upon  the 
record  of  the  meeting  and  preserved.  (R.  S.  1919,  §  11192.) 

Sec.  11193.  Organization  of  new  district. — If,  when  the 
meeting  above  provided  for  convenes,  a  majority  of  the  qualified 
voters  residing  in  such  territory  proposed  to  be  organized  into 
a  school  district  vote  for  the  organization  of  such  district  and 
for  the  approval  of  a  plat  defining  the  boundaries  thereof,  then 
the  chairman  of  said  meeting  shall  cause  the  result  thereof  to 
be  spread  upon  the  records  of  the  meeting  and  shall  declare 
the  district  organized.  (R.  S.  1919,  §  11193.) 

Sec.  11194.  Directors,  election  of. — After  the  district  shall 
have  been  declared  organized,  the  qualified  voters  present,  residing 
in  said  territory  so  organized  as  a  school  district,  shall  proceed  to 
elect  three  directors,  who  shall  serve  until  the  next  annual  school 
meeting,  to  be  held  on  the  first  Tuesday  of  April  of  each  year 
as  provided  by  statute.  At  the  first  annual  meeting  so  held 
three  directors  shall  be  elected  who  shall  serve  respectively  one 
year,  two  years  and  three  years,  and  the  term  shall  be  fixed 
according  to  the  number  of  votes  each  receives;  the  one  receiv- 


Revised  School  -Laws. 


51 


ing  the  highest  number  of  votes  shall  hold  three  years,  the  next 
highest,  two  years,  and  the  one  receiving  the  third  highest  vote 
shall  hold  office  for  one  year,  and  if  any  two  or  more  having 
the  highest  number  of  votes  tie,  the  secretary  of  the  meeting 
shall  cast  a  ballot  deciding  which  term  the  respective  candidates 
so  tied  shall  receive.  (R.  S.  1919,  §  11194.) 

Sec.  11195.  Division  of  property  and  valuation  thereof  when 
new  district  is  formed. — All  the  provisions  of  law  now  in  force 
with  reference  to  the  division  of  property  and  the  valuation 
thereof  when  a  new  district  is  created  shall  apply  to  districts 
formed  under  this  article.  (R.  S.  1919,  §  11195.) 

Sec.  11196.  Powers  and  duties  of  officers. — Existing  provi- 
sions of  the  statutes  when  applicable  shall  apply  to  districts  created 
under  this  article.  The  directors  and  officers  of  school  districts 
formed  under  this  act  shall  have  the  same  power,  perform  the 
same  duties,  and  have  the  same  responsibilities  and  liabilities 
as  are  now  provided  or  as  may  hereafter  be  provided  by  the 
general  school  laws  of  the  state;  and  all  the  existing  and  future 
school  laws  of  the  state  shall,  so  far  as  the  same  now  are 
applicable,  are  hereby  made  to  apply  to  the  districts  and  the 
officers  thereof  created  under  the  provisions  of  this  article.  (R. 
S.  1919,  §  11196.) 


ARTICLE  III. 


LAWS    APPLICABLE    TO    COMMON    SCHOOLS. 


Sec. 

11197.  Renumbering  of  school  districts — cor- 
porate powers. 

11198.  Rights  not  affected  by  renumbering — 
succession  to  powers. 

11199.  Incorporation    of    unorganized    terri- 
tory. 

11200.  Unorganized  territory  may  be  at- 
tached, how. 

11201.  Formation  of  new  districts. 

11202.  Preceding  section  to  apply  to  what  dis- 
tricts. 

11203.  Formation  or  division  of  districts  with 
valuation  of  less  than  fifty  thousand 
dollars  prohibited. 

11204.  Division  of  property  when  new  district 
created. 

11205.  Valuation  of  property  to  be  divided. 

11206.  Assessment  of  building  fund. 

11207.  Division  of  districts  lying  in  two  or 
more  counties. 

11208.  First  meeting  of  nowly   created   dis- 
tricts. 

11209.  Annual  meeting. 

11210.  Powers  of  annual  meeting. 

11211.  Length  of  school  required — teachers' 
salaries — provisions  necessary  of  state 
aid. 

11212.  Requirements  to  secure  state  aid  in 
certain  districts. 


Sec. 

11213.  Directors,  qualifications  of,  how  and 
by  whom  elected. 

11214.  Oath  of  directors. 

11215.  Organization  of  board. 

11216.  Vacancy  in   board  of  directors,   how 
filled. 

11217.  Removal  of  district  clerk. 

11218.  Joint  high  schools  may  be  established. 

11219.  Duties  of  district  clerk. 

11220.  District  clerk  to  procure  record  books. 

11221.  District  clerk  to  post  notices. 

11222.  Payment  of  district  indebtedness. 

11223.  Form   of  warrant — to   be   paid  from 
proper  fund. 

11224.  County  court  may  invest  sinking  fund, 
when  and  how. 

11225.  County  treasurer  to  report. 

11226.  Records  of  district  clerks. 

11227.  Teachers'  monthly  and  term  reports. 

11228.  Loan  of  surplus  district  school  money. 

11229.  How  loaned. 

11230.  Schools  having  special  charters — may 
be  governed  by   general   school  law, 
how. 

11231.  Special  election  to  determine  whether 
special  charter  shall  be  surrendered, 

11232.  Notice  of  election. 

11233.  Elections,  how  conducted. 

11234.  Ballot. 

11235.  Result  of  election. 


52  Revised  School  Laws. 

Sec.  11197.  Renumbering  of  school  districts — corporate 
powers. — It  shall  be  the  duty  of  the  county  court  of  each  county 
in  this  state,  at  the  February,  1910,  term  thereof,  to  renumber 
all  the  common  school  districts  in  their  respective  counties, 
numbering  them  numerically  instead  of  by  township  and  range, 
as  they  are  now  known  and  designated.  Such  renumbering  shall 
begin  as  near  as  may  be  at  the  northeast  corner  of  each  county 
and  run  first  west  through  the  entire  county  and  thence  east, 
and  so  on  in  the  same  general  order  that  sections  of  land  are 
numbered  in  congressional  townships.  Such  renumbering  shall 
be  entered  of  record  by  such  county  court  and  may  be  in  the 
following  form: 

The   common   school   districts   of  county   are   hereby   renumbered   and 

designated  as  follows:     District of  township ,  range ,  shall  hereafter 

be  known  as  school  district  one,  and  so  on  until  all  of  the  ^districts  in  the  county 
have  been  numbered. 

Such  county  courts  shall  cause  .to  be  published  once  in  one 
or  more  newspapers  of  their  respective  counties  during  the  month 
of  February,  1910,  a  certified  copy  of  the  order  so  made  chang- 
ing the  numbers  of  school  districts,  and  the  county  clerk  shall 
prepare  and  mail  to  the  clerk  of  each  of  such  school  districts  of 
his  county  a  printed  copy  of  such  order,  for  which  he  shall  be 
allowed  a  fee  of  ten  cents  for  each  clerk  thus  notified,  and  the 
change  of  numbers  so  made  by  such  court  shall  take  effect  and 
be  in  force  from  and  after  the  first  day  of  March,  1910.  Such 
districts  shall  be  bodies  corporate  under  the  numbers  and  desig- 
nation thus  given  them  by  the  county  courts,  and  shall  by  such 
numbers  and  designation  be  capable  of  suing  and  being  sued; 
of  holding  such  real  and  personal  property  as  may  at  any  time 
be  either  donated  or  purchased  in  accordance  with  the  laws  of 
this  state,  or  of  which  they  may  be  rightfully  possessed  at  the 
time  of  the  passage  of  this  law,  and  shall  also  have  the  power 
of  selling  such  property  as  hereinafter  provided.  (R.  S.  1919,  § 
11197.) 

Section  construed. — In  bringing  suit  for  school  district,  its  corporate  existence 
need  not  be  pleaded,  as  courts  take  judicial  notice  of  its  power  to  sue.  School 
District  v.  Holmes,  53  A.  487.  A  contract  which  does  not  correctly  designate  the 
district  is  invalid.  Globe,  etc.  Co.  v.  District,  51  A.  549.  Certiorari  is  not  an 
appropriate  remedy  to  test  the  corporate  existence  of  a  school  district.  School 
District  v.  Pace,  113  A.  134,  87  S.  W.  580. 

Quo  warranto  is  the  proper  remedy  by  which  the  corporate  existence  ef  a  school 
district  may  be  attacked..  Black  v.  Early,  208  Mo.  281,  106  S.  W.  1014.  In  suits 
against  school  districts  the  summons  should  be  served  on  president  of  the  school 
board.  Carr  v.  District,  42  A.  154.  If  a  taxpayer  permits  a  school  district,  ir- 
regularly organized,  to  levy  and  collect  taxes,  and  carry  on  school  for  several  years, 
he  is  estopped  from  denying  the  legality  of  its  organization,  particularly  in  the 
collateral  action  of  mandamus.  State  ex  rel.  v.  Miller,  113  A.  665,  88  S.  W.  637. 

Sec.  11198.  Rights  not  affected  by  renumbering  —succes- 
sion to  powers.  —Each  of  the  school  districts,  when  so  renum- 
bered as  provided  in  the  preceding  section,  shall  succeed  to  and 
receive,  by  operation  of  this  statute,  the  full,  legal  and  equit- 


Revised  School  Laws.  53 

able  title  to  all  property  of  every  description,  and  to  all  rights, 
powers,  duties  and  obligations  possessed  by  their  several  pred- 
ecessors, and  the  citizens  living  in  such  districts  so  renumbered 
shall  have  and  retain  all  the  rights  and  privileges  of  the  former 
districts;  and  the  directors,  officers,  teachers  and  other  employes 
of  the  several  districts,  as  they  now  exist,  or  may  exist  on  March 
1st,  1910,  shall  continue  to  hold  office  and  perform  their  several 
duties  under  the  number  and  designation  given  their  respective 
districts  by  the  county  courts,  and  shall  receive  the  same  com- 
pensation for  their  services  as  if  no  such  change  of  name  had 
taken  place.  Common  school  districts  created  after  the  first 
day  of  March,  1910,  shall  receive  a  number  by  the  county 
courts  of  the  counties  in  which  they  are  situated,  which  number 
shall  be  a  continuation  of  the  numbers  given  to  the  other  dis- 
tricts, as  herein  provided.  After  the  common  school  districts 
of  this  state  have  been  renumbered  in  1910,  as  above  provided, 
they  shall  not  be  renumbered  oftener  than  once  in  every  ten 
years.  (R.  S.  1919,  §  11198.) 

See  cases  cited  under  section  11197 

Sec.  11199.  Incorporation  of  unorganized  territory.  —When- 
ever there  shall  be  in  this  state  any  territory  not  organized  into 
a  common  school  district,  and  containing  within  its  limits  twenty 
or  more  pupils  of  school  age,  three  or  more  taxpayers  of  such 
territory  may  call  a  meeting  of  the  qualified  voters  of  such  un- 
organized territory,  or  "such  part  thereof  as  they  desire  to  or- 
ganize into  a  school  district,  by  first  giving  fifteen  days'  notice 
of  the  time,  place,  purpose  of  the  meeting  and  boundary  lines 
of  the  territory  proposed  to  be  organized.  The  qualified  voters, 
when  assembled,  may  organize  such  territory  into  a  school  dis- 
trict, a  majority  of  the  qualified  voters  residing  in  such  territory 
proposed  to  be  organized  into  a  school  district  voting  therefor, 
who  shall  approve  of  a  plat  defining  the  boundaries  thereof, 
and  elect  three  directors,  who  shall  serve  until  the  next  annual 
meeting,  when  one  director  shall  be  elected  to  serve  for  one 
year,  one  director  for  two  years  and  one  director  for  three  years 
—said  directors  to  serve  until  their  successors  are  duly  elected 
and  qualified:  Provided,  that  any  territory  not  organized  into 
a  school  district,  and  containing  less  than  twenty  pupils  of 
school  age,  may  be  attached  to  an  adjoining  district,  upon 
petition  by  the  qualified  voters  of  such  unorganized  territory, 
or  such  part  thereof  as  may  wish  to  be  attached  to  such  adjoin- 
ing district,  directed  to  the  board  of  directors  of  such  adjoining 
district;  and  it  shall  be  the  duty  of  such  board,  on  receipt  of 
the  petition,  to  meet  forthwith  and  consider  same,  and  if  a 
majority  of  the  board  are  in  favor  thereof,  such  territory  shall 
become  a  part  of  such  district.  (R.  S.  1919,  §  11199.) 

Construction. — To  organize  new  districts  under  this  section  the  notice  must 
be  signed  by  three  taxpayers  residing  in  the  territory  to  be  organized,  and  posted 
fifteen  days  before  the  meeting.  Berryman  v.  Bethune,  89  Mo.  158.  A  district 


54  Revised  School  Laws. 

cannot  legally  detach  or  vote  out  a  part  of  its  territory  except  on  petition  and  notice 
as  required  by  law,  arid  another  district  cannot  attach  territory  until  the  same  has 
been  detached  from  the  district  in  which  it  was  once  legally  included.  State  ex 
rel.  v.  Hill,  152  Mo.  235,  53  S.  W.  1062. 

See,  also,  cases  cited  under  Sec.  11197. 

Money  apportioned  prior  to  division  of  district  does  not  follow  new  district. 
90  Mo.  395.  Posting  of  notices,  condition  precedent  to  the  validity  of  such  division. 
54  A.  31,  94  Mo.  612. 

The  notice  required  by  this  section  should  be"  as  explicit  in  its  essential  features 
as  that  required  under  the  provisions  of  section  11201,  which  is  commented  on 
in  full. 

This  section  confers  the  right  to  call  the  first  meeting  for  forming  unorganized 
territory  into  a  school  district  upon  three  taxpayers  of  the  territory  to  be  organized. 
These  qualifications  are  jurisdictional. 

Sec.  11200.  Unorganized  territory  may  be  attached,  how.— 
Whenever  there  shall  be  in  this  state  any  territory  not  organized  in- 
to a  common,  town  or  city  school  district,  and  not  containing  within 
its  limits  twenty  or  more  pupils  of  school  age,  any  three  or  more 
taxpayers  in  such  unorganized  territory,  or  in  any  adjacent 
common,  town  or  city  school  district,  may  file  a  written  petition  in 
the  office  of  the  clerk  of  the  county  court  praying  that  such  unor- 
ganized territory  shall  be  attached  to  the  nearest  and  most  avail- 
able common,  town  or  city  school  district,  and  at  the  next  meeting 
of  the  county  court  the  said  petition  shall  be  taken  up  and  heard 
by  the  court,  which  shall,  after  being  duly  informed  and  advised, 
make  an  order  annexing  such  territory  to  the  nearest  and  most 
available  common,  town  or  city  school  district,  and  thereupon 
such  territory  shall  become  a  part  of  such  district,  which  fact 
shall  be  duly  entered  by  the  proper  officers  upon  the  tax  books 
and  other  records  of  the  county.  (R.  S.  1919,  §  11200.) 

Sec.  11201.  Formation  of  new  districts.  — When  it  is 
deemed  necessary  to  form  a  new  district,  to  be  composed  of 
two  or  more  entire  districts,  or.  parts  of  tw'o  or  more  districts, 
to  divide  one  district  to  form  two  new  districts  from  the  terri- 
tory therein,  to  divide  one  district  and  attach  the  territory  there- 
of to  adjoining  districts,  or. to  change  the  boundary  lines  of  two 
or  more  districts,  it  shall  be  the  duty  of  the  district  clerk  of 
each  district  affected,  upon  the  reception  of  a  petition  desiring 
such  change,  and  signed  by  ten  qualified  voters  residing  in  any 
district  affected  thereby,  to  post  a  notice  of  such  desired  change 
in  at  least  five  public  places  in  each  district  interested  fifteen 
days  prior  to  the  time  of  the  annual  meeting,  or  by  notice  for 
same  length  of  time  published  in  all  the  newspapers  of  the 
district;  and  the  voters,  when  assembled,  shall  decide  such  ques- 
tion by  a  majority  vote  of  those  who  vote  upon  such  proposition. 
If  the  assent  to  such  change  be  given  by  the  annual  meetings 
of  the  various  districts  thus  voting,  or  by  the  parts  of  the  district 
to  be  divided,  each  part  voting  separately,  the  district  or  dis- 
tricts shall  be  deemed  formed  or  the  boundary  thus  changed 
from  that  date;  but  if  one  or  more  of  the  districts  affected  vote 
in  favor  of  such  change  and  one  or  more  of  such  districts  vote 
against  such  change,  the  matter  may  be  referred  to  the  county 


Revised  School  Laws.  55 

superintendent  of  public  schools;  and  upon  such  appeal  being 
filed  with  him,  in  writing,  within  five  days  after  the  annual 
meeting,  he  shall  appoint  four  disinterested  men,  resident  tax- 
payers of  the  county,  who,  together  with  himself,  shall  consti- 
tute a  board  of  arbitration,  whose  duty  it  shall  be  to  consider 
the  necessity  for  such  proposed  change  and  render  a  decision 
thereon,  which  decision  shall  be  final.  When  there  is  an  equal 
division,  the  county  superintendent  shall  cast  the  deciding  vote. 
The  superintendent  shall,  at  the  time  of  the  appointment  of 
these  members  of  this  board  of  arbitration,  notify  them  to  meet 
him  at  some  convenient  place  in  the  county  within  fifteen  days 
after  annual  school  meeting,  where  the  deliberations  of  the  board 
shall  take  place  and  its  decision  be  rendered.  But  in  making 
such  change  the  decision  in  all  cases  shall  conform  to  the  prop- 
ositions contained  in  the  notices  and  voted  upon  at  the  annual 
meeting;  and  the  county  superintendent  shall,  on  or  before  the 
last  day  of  April,  transmit  the  decision  to  the  clerks  of  the 
various  districts  interested,  or  to  the  clerk  of  the  district  divided, 
and  said  clerk  or  clerks  shall  enter  the  same  upon  the  records 
of  his  or  their  respective  district  or  districts;  and  the  said  board 
of  arbitration  shall  be  allowed  a  fee  of  fifteen  dollars,  to  be 
paid  by  the  district  or  districts  taking  the  appeal  at  the  time 
said  appeal  is  made:  Provided,  however,  that  no  new  district 
shall  be  created  or  boundary  line  changed  by  which  any  district 
shall  be  formed  containing  within  its  limits  by  actual  count 
less  than  twenty  persons  of  "School  age,  or  by  which  any  district 
shall  be  left  containing  within  its  limits  by  actual  count  less 
than  twenty  persons  of  school  age:  Provided,  however,  the  resi- 
dent voters  upon  any  island  in  any  of  the  navigable  rivers  of 
this  state  may  organize  into  a  school  district  without  being  sub- 
ject to  the  restrictions  in  the  preceding  portion  of  this  section. 
It  is  further  provided  that,  in  changing  the  boundary  line  be- 
tween the  two  established  districts,  one  district  shall  not  en- 
croach upon  the  other  simply  for  the  acquisition  of  territory. 
At  all  elections  to  change  boundaries,  the  votes  of  those  parties 
residing  in  the  territory  sought  to  be  attached  to  or  detached 
from  a  district  shall  be  separately  cast  and  separately  counted 
by  the  parties  or  officers  holding  such  election:  Provided  further, 
that  if  in  any  school  district  or  districts  of  the  state  a  stream 
of  running  water  shall  in  any  way  interfere  with  the  convenient 
access  of  school  children  to  the  schoolhouse  or  houses  of  any 
such  district  or  districts,  then  it  shall  be  lawful  to  create  a  new 
district,  to  be  composed  of  two  or  more  districts  or  parts  of 
two  or  more  districts,  or  of  one  entire  district  and  parts  of  one 
or  more  districts,  lying  in  whole  or  in  part  in  two  counties  in 
the  manner  hereinbefore  set  out;  and  in  the  event  of  an  appeal 
being  taken,  as  herein  provided,  from  the  action  of  the  school 
meetings  on  the  proposed  formation  of  such  district,  such  appeal 
shall  be  taken  to  the  county  superintendents  of  the  respective 
counties;  and  such  superintendents  shall  thereupon  be  em- 


56  Revised  School  Laws. 

powered  to  jointly  appoint  a  board  of  arbitration,  who  shall 
thereupon  act  as  hereinabove  set  out;  and  in  the  event  of  a  tie 
vote,  such  superintendents  shall  select  an  additional  member  of 
such  board  of  arbitration,  whose  decision  shall  be  final;  and 
such  decision  shall  be  transmitted  to  the  clerks  of  the  districts 
affected  thereby.  (R.  S.  1919,  §  11201.) 

Petition  for  change  of  boundaries. — A  petition  signed  by  ten  qualified  voters 
must  be  filed  with  district  clerk  before  he  can  legally  post  notices  of  an  election  to 
change  boundaries.  School  District  v.  Pace,  113  A.  134,  87  S.  W.  580.  When  the 
proposed  change  affects  two  or  more  districts,  the  law  does  not  require  ten  pe- 
titioners from  each  district,  but  such  petitioners  may  all  reside  in  one  district,  or 
part  of  them  may  reside  in  one  and  remainder  in  another  to  be  affected  by  the 
change,  and  separate  copies  of  the  petition  should  be  signed  and  delivered  to  clerk 
of  each  district  to  which  the  proposition  is  to  be  submitted.  State  ex  rel.  v.  .Job, 
205  Mo.  1,  103  S.  W.  493. 

Propositions  to  change  boundaries  or  to  organize  a  new  district  can  only  be 
submitted  at  annual  meeting,  and  then«only  upon  petition  and  notice  as  required 
by  this  section.  State  ex  rel.  v.  Hill,  152  Mo.  234,  53  S.  W.  1062.  If  petition  fails 
to  recite  the  precise  change  of  boundaries  intended,  the  election  based  thereon 
will  be  invalid.  School  District  v.  District,  94  Mo.  612,  7  S.  W.  285.  When 
boundaries  are  described  by  section,  township  and  range  lines,  so  that  voters 
readily  understand  the  full  nature  of  change,  the  petition  is  sufficient.  State  ex 
rel.  v.  Gibson,  78  A.  170. 

This  section  is  to  be  liberally  construed;  a  substantial  compliance  with  the 
law  is  all  that  is  required.  School  District  v.  New  London  School  District,  181 
A.  583,  164  S.  W.  688.' 

Section  construed. — School  District,  Clinton  Co.  v.  Sims,  271  Mo.  168,  196 
S.  W.  17.  Sufficiency  of  petition  to  charge  fraud.  School  District  v.  School  Dis- 
trict, 195  A.  504,  193  S.  W.  634. 

Notice  of  election  to  change  boundaries. — Unless  the  notices  contain  a  de- 
scription of  the  property  sought  to  be  detached  from  a  district,  so  that  the  voters 
can  understand  the  question  to  be  voted  on,  the  election  will  be  void.  School 
District  v.  Smith,  90  A.  215;  School  District  v.  District,  94  Mo.  612,  7  S.  W.  285. 
If  the  petition  contains  a  proper  description  of  the  proposed  change  of  boundaries 
and  a  copy  of  the  petition  be  referred  to  in  and  attached  to  each  notice,  this  is 
sufficient.  State  ex  rel.  v.  Eden,  54  A.  31;  State  ex  rel.  v.  Job,  205  Mo.  1,  103 
S.  W.  493.  After  posting  notice  of  election  the  board  cannot  cancel  or  withdraw 
same.  State  ex  rel.  v.  Gill,  190  Mo.  79,  88  S.  W.  628. 

Appeal  to  superintendent. — That  part  of  this  section  which  provides  for  the 
settlement  of  boundary  disputes  by  the  superintendent  and  a  board  of  arbitration 
appointed  by  him  is  constitutional.  State  ex  rel.  v.  Andrae,  216  Mo.  617,  116  S. 
W.  561.  Not  necessary  that  the  arbitrators  or  witnesses  who  appear  before  them 
should  be  sworn.  State  ex  rel.  v.  Job,  205  Mo.  1,  103  S.  W.  493.  Not  necessary 
for  superintendent  to  keep  a  record  of  the  proceedings  of  such  board,  but  law  re- 
quires its  decision  to  be  reduced  to  writing.  State  ex  rel.  v.  Andrae,  216  Mo.  617 
116  S.  W.  561. 

The  decision  of  the  board  of  arbitrators  should  recite  that  it  met  to  consider 
the  appeal,  and  if  it  decide  in  favor  of  a  change  of  boundaries,  it  should  further  re- 
cite that  it  found  the  change  necessary  and  adjudge  that  the  change  be  made. 
A  mere  decision  that  the  board  found  in  favor  of  the  petitioners,  without  any  re- 
cital that  it  ever  met  or  found  a  change  necessary,  renders  its  proceedings  void. 
State  ex  rel.  v.  Denny,  94  A.  559,  72  S.  W.  467;  State  ex  inf.  v.  Cummins,  114 
A.  93,  89  S.  W.  74. 

A  valid  election  upon  sufficient  petition  and  notice  is  necessary  in  each  district 
to  be  affected  by  the  proposed  change  before  such  board  has  authority  to  consider 
such  appeal.  School  District  v.  Smith,  90  A.  215.  The  board  has  no  jurisdiction 
to  consider  an  appeal  unless  one  of  the  districts  affected  has  voted  in  favor  of  the 
change  of  boundaries  and  another  against  such  change,  and  prohibition  will  lie  to 
prevent  a  consideration  of  such  appeal.  School  District  v.  Burris,  84  A.  654. 


Revised  School  Laws.  57 

The  appeal  must  be  taken  in  five  days  after  the  election,  and  the  certificate 
of  superintendent  appointing  the  arbitrators  must  recite  that  they  are  taxpayers; 
if  it  merely  recites  they  are  voters  the  organization  may  be  quashed  by  certiorari. 
State  ex  rel.  v.  Wilson,  99  A.  675,  74  S.  W.  404.  The  superintendent  and  arbitrators 
can  only  decide  the  propositions  which  were  submitted  to  the  voters  by  petition 
and  notice  at  the  annual  meetings,  and  if  they  decree  a  change  of  boundaries  in  a 
different  manner  than  the  plan  voted  upon,  their  acts  are  illegal,  and  mandamus 
will  lie  to  compel  the  county  court  to  extend  taxes  according  to  the  boundaries  as 
they  existed  before  preposition  was  submitted.  State  ex  rel.  v.  Riley,  85  Mo.  156; 
State  ex  rel.  v.  Patton,  108  A.  26,  82  S.  W.  537;  School  District  v.  District,  94  Mo. 
612,  7  S.  W.  285. 

When  there  is  a  majority  of  all  the  votes  cast  in  each  district  against  the  pro- 
posed change  of  boundaries  no  right  of  appeal  exists.  State  ex  rel.  v.  Stone,  152 
Mo.  202.  When  the  requirements  of  the  law  are  fully  complied  with,  the  decision 
of  the  commissioner  (now  board  of  arbitrators)  is  final,  and  cannot  be  set  aside 
by  any  court.  State  ex  rel.  v.  Gibson,  78  A.  170;  State  ex  rel.  v.  Burford.  82  A.  343. 

In  the  absence  of  proof  to  the  contrary,  it  will  be  presumed  that  the  appeal 
was  taken  within  the  five  days  allowed  by  law.  State  ex  rel.  v.  Andrae,  216  Mo. 
617,  116  S.  W.  561.  As  amended  in  1909.  this  section  does  not  authorize  an  appeal 
by  the  voters  who  petitioned  for  the  change  of  boundaries  unless  one  district  has 
voted  in  favor  of  such  proposition.  Quo  warranto  is  the  proper  remedy  to  dissolve 
u  district  which  has  not  been  legally  organized.  School  District  v.  Pace,  113  A. 
134,  87  S.  W.  580;  Black  v.  Early.  208  Mo.  281,  106  S.  W.  1014. 

The  board  of  arbitrators  is  not  required  to  hear  any  evidence  as  to  compliance 
with  the  statutory  prerequisites  with  reference  to  changing  the  boundary  lines. 
School  Dist.  No.  16  v.  New  Loncion  School  Dist.,  181  A.  583,  164  S.  W.  688. 

Record  must  show  arbitrators  decided  a  change  of  boundaries  necessary 
State  ex  rel.  v.  School  Dist.  No.  3,  163  A.  253.  146  S.  W.  816  Report  of  arbitrators, 
held  valid,  though  failing  to  show  they  were  disinterested  resident  taxpayers^. 
School  Dist.  v.  Yates,  161  A.  107,  146  S.  W.  791. 

General  provisions. — The  consolidation  of  two  or  more  entire  districts  into 
one  does  not  make  it  a  town  school  district.  School  District  v.  Wallace,  75  A.  317. 
Three  districts  may,  by  election,  so  change  their  boundaries  as  to  entirely  dissolve 
one  district  and  add  its  territory  to  the  others.  Meyers  v.  District,  96  A.  48,  75 
S.  W.  1120;  State  v.  Hill,  152-Mo.  234,  53  S.  W.  1062.  When  a  district  is  dissolved 
and  its  territory  added  to  other  districts,  such  districts  receiving  part  of  such  terri- 
tory become  liable  for  its  entire  debts,  but  when  one  district  has  paid  more  than  its 
proper  share  of  such  debts,  it  may  recover  excess  from  other  districts  which  also 
received  part  of  the  territory  of  the  disorganized  district.  Hughes  v.  District 
72  Mo.  643. 

A  change  in  boundary  adding  only  uninhabited  territory  is  in  violation  of 
this  section,  unless  a  valid  reason  therefor  is  shown.  School  District  No.  14  v. 
School  District  No.  27,  195  A.  504,  193  S.  W.  634. 

Sec.  11202.     Preceding  section  to  apply  to  what  districts. 

The  provisions  of  section  11201  shall  apply  to  all  districts  of 
this  state  organized  under  special  charter,  or  under  and  by 
virtue  of  any  special  law  of  the  state  of  Missouri  organizing  or 
incorporating  such  school  districts,  excepting  such  school  dis- 
tricts formed  from  territory  composed  of  land  granted  to  any 
city,  town  or  village  by  virtue  of  any  act  of  congress  confirming 
to  said  city,  town  or  village  said  grants  of  land,  and  excepting 
school  districts  formed  of  or  contained  in  ci'ties  and  towns  con- 
taining one  hundred  thousand  inhabitants  or  over.  (R.  S.  1919, 
§  11202.) 

Sec.  11203.  Formation  or  division  of  districts  withvalua- 
tion  of  less  than  fifty  thousand  dollars  prohibited. — No  new 

school  district  shall  be  formed  nor  shall  any  school  district  be 


58  Revised  School  Laws. 

divided  so  that  the  new  district  formed  or  the  territory  left  by 
the  division  of  a  district  shall  contain  an  assessed  valuation  of 
less  than  fifty  thousand  dollars  ($50,000)  and  an  enumeration 
of  less  than  twenty  (20)  persons  of  school  age  or  at  least  eight 
square  miles  of  territory  and  twenty  persons  of  school  age.  (R. 
S.  1919,  §  11203.) 

Sec.  11204.  Division  of  property  when  new  district  created. 
Whenever  a  new  school  district  is  or  shall  hereafter  be  formed 
which  shall  include  within  its  limits  territory  upon  which  taxes 
have  been  collected  to  erect  or  aid  in  the  erection  of  a  school- 
house,  or  if  there  be  an  accumulation  of  cash  or  other  property 
from  taxes  collected  in  the  territory  from  which  such  new  district 
has  been  or  hereafter  may  be  formed,  it  shall  be  the  duty  of  such 
districts,  through  their  respective  boards  of  directors,  at  a  joint 
meeting  to  be  held  at  the  schoolhouse  of  the  old  district,  to 
ascertain  .what  are  the  rights  and  interests  of  such  new  district 
in  the  property  and  cash  on  hand  of  the  old  district  or  districts 
from  which  such  new  district  was  formed,  and  to  agree  upon  a 
sum  to  be  paid  to  such  new  district  therefor.  The  directors  of 
either  district  may  call  such  meeting  by  giving  the  directors  of 
the  other  district  fifteen  days'  notice  in  writing.  The  rights  of 
the  several  districts  may  be  ascertained  by  computing  the  taxes 
which  have  been  levied  and  collected  on  the  property  in  each 
district,  and  the  value  of  such  schoolhouse  or  other  school  prop- 
erty at  the  time  the  new  district  is  formed,  but  this  method 
shall  not  exclude  or  prevent  other  methods  of  ascertaining  the 
true  value  of  the  interest  of  such  newly  formed  district  in  or 
to  the  property  of  the  district  or  districts  of  which  it  was  for- 
merly a  part:  Provided,  that  if  the  persons  who  have  petitioned 
for  the  organization  of  such  new  district  shall  have  inserted  in 
their  petition  or  notice  of  election  an  offer  to  waive  all  claims 
upon  the  property  or  cash  of  the  district  or  districts  from  which 
they  sought  to  be  detached,  then  such  newly  formed  district  shall 
have  no  right  to  or  claim  upon  the  money  or  property  of  the 
district  or  districts  from  which  it  was  detached.  (R.  S.  1919, 
§  11204.) 

Section  construed. — If  petitioners  for  a  new  school  district  offer  to  release  all 
claims  to  property  of  old  districts  out  of  which  new  one  is  to  be  formed,  the  proposi- 
tion must  be  recited  in  all  the  notices  of  election,  otherwise  the  election  will  be  void 
as  to  such  proposition.  School  District  v.  Neal,  74  A.  553.  This  section  has  no 
application  to  a  change  of  boundaries  between  two  old  districts,  School  District 
v.  District,  94  Mo.  612,  7  S.  W.  285. 

When  a  tax  is  levied  it  must  be  collected  and  paid  into  treasury  to  the  credit 
of  the  particular  district  for  which  it  was  levied,  and  any  claim  to  such  taxes  by  a 
district  thereafter  organized  must  be  settled  under  the  provisions  of  Sec.  11205. 
Rice  v.  McClelland,  58  Mo.  116. 

In  view  of  this  and  the  following  section,  the  circuit  court  has  no  jurisdiction 
of  suit  by  village  district  to  recover  its  share  of  funds  of  an  original  district  which 
had  become  a  part  of  another  district.  Cleveland  Village  School  Dist.  v.  Zion, 
195  A.  299,'  190  S.  W.  955. 

Sec.  11205.     Valuation  of  property  to  be  divided. — If  the 

boards  of  directors  of  the  several  districts  cannot  agree  upon  a 


Revised  School  Laws.  59 

settlement  as  provided  in  the  foregoing  section,  then  either  dis- 
trict may  appeal  to  the  county  superintendent  of  public  schools, 
who  shall  appoint  four  persons  as  a  board  of  arbitration,  as  pro- 
vided by  section  11201,  to  ascertain  and  agree  upon  the  amount, 
if  anything,  due  from  the  old  district  or  districts  to  the  new 
district,  and  upon  the  filing  of  their  award  with  the  clerk  of 
the  old  district  or  districts,  such  district  or  districts  (as  the 
case  may  be)  shall  owe  the  new  district  the  full  amount  or 
amounts  of  such  award.  Whenever  the  amount  of  such  indebt- 
edness from  the  old  district  or  districts  is  ascertained  by  the 
boards  of  directors,  or  by  the  award  of  arbitration  or  other- 
wise, the  board  of  directors  of  such  old  district  or  districts  shall 
pay  to  the  new  district  the  amount  or  amounts  found  to  be 
due  to  it,  and  for  the  purpose  of  making  such  payment,  the 
board  of  directors  of  such  old  district  or  districts  shall,  if  neces- 
sary, cause  a  tax  to  be  levied  upon  the  property  of  their  dis- 
tricts, and  when  the  same  is  collected  and  paid  over  it  shall 
constitute  a  building  fund  for  such  new  district.  (R.  S.  1919, 
§  11205.) 

Sec.  11206.  Assessment  of  building  fund. — The  amount 
levied  by  the  new  district  for  building  purposes,  where  either 
or  all  of  the  parts  of  which  it  is  composed  have  received  their 
proportion  of  the  property  .of  the  old  district,  shall  be  divided 
proportionately;  and  those  amounts,  less  the  amount  thus  re- 
ceived, shall  be  assessed  and  collected  from  the  property  in- 
cluded in  the  limits  of  the  respective  portions.  (R.  S.  1919, 
§  11206.) 

This  section  has  no  application  to  a  mere  change  of  boundaries  between  two 
established  districts.  School  District  v.  District,  94  Mo.  612,  7  S.  W.  285. 

Sec.  11207.  Division  of  districts  lying  in  two  or  more 
counties. — Whenever  any  school  district  in  this  state  shall  lie 
partly  in  two  counties,  and  a  majority  of  the  qualified  voters 
in  that  portion  of  said  district  lying  in  any  one  of  such  counties 
shall  desire  to  divide  such  district  by  county  lines,  they  may 
hold  an  election  for  that  purpose  in  that  part  of  the  district 
where  they  reside  by  giving  fifteen  days'  notice  of  the  time  and 
place  of  holding  such  election  by  five  handbills,  signed  by  such 
qualified  voters,  and  posted  up  in  five  public  places  in  such 
district.  Such  election  shall  be  held  in  the  same  manner  as  in 
newly  created  districts,  and  if  a  majority  of  the  votes  cast  at 
such  election  be  in  favor  of  dividing  such  district  on  county 
lines,  then  such  district  shall  be  deemed  so  divided,  and  the 
persons  acting  as  chairman  and  secretary  of  such  meeting  shall 
certify  the  result  of  such  election  to  the  clerks  of  the  county 
courts  of  both  the  counties  in  which  said  district  was  originally 
situated.  From  and  after  the  division  of  such  district  as  herein 
mentioned  each  part  thereof  shall  be  a  separate  school  district 
with  all  the  powers  of  other  districts,  and  may  choose  directors 
as  in  newly  formed  districts,  and  may  continue  as  separate  dis- 


60  Revised  School  Laws. 

tricts  or  be  annexed  by  or  to  other  districts  in  the  counties 
where  they  are  severally  situated  in  the  manner  now  provided 
by  law,  or  by  a  petition  of  all  the  qualified  voters  of  such  new 
district,  and  the  consent  of  the  board  of  directors  of  the  district 
or  districts  to  which  they  desire  to  be  attached,  at  a  meeting 
of  such  directors,  *  held  for  that  purpose.  Each  new  district 
created  by  dividing  a  district  originally  lying  partly  in  two 
counties,  which  shall  at  the  time  of  such  division  have  within 
its  boundaries  any  school  property  or  cash  on  hand,  received  or 
paid  for  partly  by  taxes  levied  on  property  situated  in  that 
part  of  the  original  district  lying  in  another  county,  shall  be 
required  to  settle  with  and  account  to  such  district  lying  in  such 
other  county  for  its  just  share  of  such  school  property,  and 
cause  to  be  paid  to  it  the  amount  found  to  be  due,  which  amount 
may  be  ascertained  and  paid  under  the  provisions  of  sections 
11201  and  11205.  All  taxes  collected  for  any  district,  which  has 
been  divided  under  the  provisions  of  this  section,  shall  be  paid 
to  the  successor  or  successors  of  such  school  district  lying  in 
the  county  where  such  taxes  may  be  collected.  Hereafter  no 
new  school  district  shall  be  formed  of  territory  lying  in  two 
counties,  except  where  the  portion  of  a  district  sought  to  be 
joined  across  the  county  line  is  cut  off  from  the  district  or  dis- 
tricts in  the  same  county  by  a  running  stream,  which  can  not 
easily  be  crossed  by  children  attending  said  school;  and  provided, 
that  districts  or  parts  of  districts  lying  in  another  county  but 
adjoining  a  district  that  contains  a  city,  town  or  consolidated 
school  district  may  become  a  part  of  said  city,  town  or  con- 
solidated school  district  in  the  same  manner  as  provided  in 
section  11252.  In  all  school  districts  divided  by  county  lines  it 
shall  be  the  duty  of  the  clerk  of  such  school  district  to  report 
to  the  clerk  of  each  county  in  which  such  district  is  in  part 
located  the  number  of  persons  of  school  age  residing  in  that 
part  of  said  school  district  lying  within  the  respective  counties, 
together,  with  the  amount  of  money  necessary  to  maintain  the 
school,  and  such  other  funds  as  it  is  necessary  to  raise  by  tax- 
ation in  the  same  manner  as  is  provided  in  districts  not  so  divided. 
And  it  shall  be  the  duty  of  the  County  court  and  county  clerk 
of  each  county  in  which  such  district  is  located  to  apportion 
to  said  district  such  part  of  the  public  school  funds  as  the  enum- 
eration of  such  parts  of  said  district  shows  it  to  be  entitled  to, 
and  all  moneys  collected  for  school  purposes  as  taxes  on  prop- 
erty within  such  district  shall  be  paid  to  said  district,  the  same 
as  if  it  lay  entirely  within  one  county.  (R.  S.  1919,  §  11207.) 

Division  of  district  on  county  lines. — A  town  or  city  district  lying  partly  in  two 
counties  cannot  be  divided  under  the  provisions  of  this  section,  as  it  applies  only 
to  common  schools.  State  ex  rel.  v.  Fry,  186  Mo.  198,  85  S.  W.  328.  It  is  not 
necessary  that  the  new  district  created  by  dividing  a  district  lying  partly  in  two 
counties  should  have  the  number  of  pupils  and  taxable  property  required  of  other 
new  districts.  State  ex  rel.  v.  Latton,  79  A.  164. 

School  districts  lying  in  two  or  more  counties,  how  divided.      78  Mo.  80. 

While  this  section  authorizes  a  majority  of  the  legal  voters  in  a    fractiona  \ 


Revised  School  Laws.  61 

part  of  a  district  divided  by  a  county  line  to  at  any  time  withdraw  from  the  district 
and  either  form  a  new  district  or  become  attached  to  a  district  in  their  own  county, 
there  are  good  reasons  why  such  division  should  take  place  only  at  the  annual 
meeting,  or  within  thirtjr  days  thereafter.  The  estimate,  enumeration  list,  and  list 
of  taxpayers  are  furnished  the  county  clerk  in  May,  and  all  changes  of  boundary 
line  should  take  place  before  this  is  done.  This  does  not  apply  to  districts  organized 
under  article  II,  relating  to  city  and  town  schools. 

Note  that  no  new  district  can  be  legally  formed  that  will  be  divided  by  a 
county  line  except  where  the  portion  sought  to  be  joined  across  the  county  line  is 
cut  off  from  the  district  in  the  same  county  by  a  running  stream  which  cannot 
easily  be  crossed  by  children  attending  the  school.  This  provision  also  applies 
to  changes  of  boundary  line.  There  can  be  no  appeal  to  the  county  superintendent 
upon  the  question  of  joining  territory  to  districts  across  a  county  line. 

Sec.  11208.  First  meeting  of  newly  created  districts. — It 
shall  be  the  duty  of  the  voters  resident  in  the  territory  embraced 
within  the  limits  of  the  newly  created  district  to  assemble  at 
some  central  point  within  said  district  within  fifteen  days  after 
the  formation  thereof — such  point  to  be  designated  by  notices 
posted  in  at  least  five  public  places  in  said  district,  or  by  notices 
published  for  the  same  length  of  time  in  all  the  newspapers 
published  in  such  district,  and  signed  by  two  of  the  resident 
freeholders  therein;  and  such  meeting,  when  assembled,  shall  be 
invested  with  the  same  powers  and  be  conducted  as  prescribed 
for  the  first  annual  district  meeting  held  under  the  provisions 
of  this  chapter:  Provided,  that  the  children  in  such  newly 
created  district  shall  have  the  right  to  attend  school  in  their 
original  districts  until  the  thirtieth  of  June  following.  (R.  S. 
1919,  §  11208.) 

Section  construed. — Unless  the  voters  of  a  new  district  meet  and  organize 
within  fifteen  days  after  they  are  voted  out  of  the  old  districts,  the  organization 
of  new  districts  will  be  void.  School  District  v.  Wallace,  75  A.  317.  But  if  an 
appeal  be  taken,  the  first  meeting  can  be  held  within  fifteen  days  after  notice  of 
decision  of  board  of  arbitrators,  and  a  failure  to  adopt  a  plat  of  the  district  at 
first  meeting  does  not  render  its  acts  invalid.  State  ex  rel.  v.  Burford,  82  A.  343. 
Such  first  meeting  held,  upon  due  notice,  has  all  the  powers  of  an  annual  meet- 
ing, and  may  vote  a  tax  for  building  purposes  as  well  as  to  hire  teachers.  State  ex 
rel.  v.  Edwards,  151  Mo.  473,  52  S..W.  373. 

Note. — This  section  does  not  specify  for  what  length  of  time  notice  shall  be 
given  of  first  meeting  in  newly  formed  districts,  but  as  such  meeting  must  be  held 
within  fifteen  days  after  the  annual  meetings,  it  would  only  be  possible  to  give  fif- 
teen days'  notice  thereof  by  posting  such  notice  on  the  day  of  the  annual  meetings, 
designating  the  fifteenth  day  after  the  annual  meetings  as  the  date  for  such  first  meet- 
ing. If  an  appeal  be  granted,  the  notice  for  such  first  meeting  should  be  given  as 
soon  as  notice  of  the  decision  of  the  board  of  arbitrators  is  received. 

Notice  for  a  first  meeting  in  each  of  the  new  districts  should  be  posted  accord- 
ing to  the  provision  of  this  section.  54  A.  31. 

Upon  complying  with  section  11201,  the  i?ew  district  or  districts  "shall  be 
deemed  formed."  It  will  therefore  be  observed  that  failure  to  do  the  things  pro- 
vided in  this  section  after  the  formation  of  the  district  would  not  work  a  forfeiture 
of  its  organization.  While  the  provisions  of  this  section  must  be  complied  with, 
yet  the  fifteen  days'  time  given  therefor  is  merely  declaratory. 

It  is  not  a  condition  to  the  validity  of  the  division  of  a  school  district  that  notice 
for  a  first  meeting  in  each  of  the  new  districts  should  be  posted  in  accordance  with 
the  provisions  of  section  11208  of  the  Revised  Statutes.  The  corporate  existence 
of  the  new  districts  dates  from  the  meeting  whereat  they  were  substituted  for  the 
old  district.  54  A.  31. 

The  notices  of  this  meeting  need  not  be  posted  "fifteen  days  before  the  meet- 


62  Revised  School  Laws. 

ing"  as  notices  of  all  other  school  meetings  must.  In  fact,  they  cannot  be  posted 
for  such  time,  as  the  meeting  must  be  held  "within  fifteen  days  after  the  formation" 
of  the  district.  It  is  unquestionably  the  intention  of  the  law  to  make  this  excep- 
tion, although  the  phrase  "for  the  same  length  of  time"  used  in  reference  to  the  time 
of  publication  in  newspapers  is  ambiguous. 

Sec.  11209.  Annual  meeting. — The  annual  meeting  of 
each  school  district  shall  be  held  on  the  first  Tuesday  in  April 
of  each  year,  at  the  district  schoolhouse,  commencing  at  2 
o'clock  p.  m.  If  no  schoolhouse  is  located  within  the  district, 
the  place  of  meeting  shall  be  designated  by  notices,  posted  in 
five  public  places  within  the  district  fifteen  days  previous  to 
such  annual  meeting,  or  by  notice  for  same  length  of  time  in 
all  the  newspapers  published  in  the  district,  giving  the  time, 
place  and  purposes  of  such  meeting.  (R.  S.  1919,  §  11209.) 

Note. — See  Laws  1917,  p.  501;  Laws  1913,  p.  529. 

Chairman  of  meeting  not  subject  to  criminal  law  for  rejecting  vote  of  applicant 
for  suffrage.  19  A.  210. 

The  law  fixes  the  time  of  the  annual  meeting  on  the  first  Tuesday  in  April 
in  each  year  at  2  o'clock  p.  m.  All  residents  of  the  district  are  expected  to  take 
notice  of  this  fact.  Those  who  are  present  at  the  hour  named,  and  authorized 
to  participate  in  the  deliberations,  may  organize  the  meeting  and  proceed  with  the 
order  of  business  specified  in  section  11210.  Each  item  of  the  order  of  business 
may  be  taken  up  and  disposed  of,  and  those  who  arrive  later  have  no  right  to 
complain  that  they  were  deprived  of  their  right  to  take  part  in  the  business  disposed 
of  before  their  arrival. 

Sec.  11210.  Powers  of  the  annual  meeting. — The  qualified 
voters  assembled  at  the  annual  meeting,  when  not  otherwise 
provided,  shall  have  power  by  a  majority  of  the  votes  cast: 

First — To  organize  by  the  election  of  a  chairman  and  a 
secretary,  who  shall  keep  an  accurate  record  of  the  proceedings 
of  the  meeting,  which,  when  duly  approved  and  attested  by  the 
signature  of  the  chairman,  the  clerk  shall  enter  upon  the  record 
of  the  district. 

Second — To  choose,  by  ballot,  one  director,  who  shall  hold 
his  office  for  the  term  of  three  years  and  until  his  successor  is 
elected  and  qualified. 

Third — To  fill  vacancies,  if  any,  caused  by  death,  resigna- 
tion, refusal  to  serve,  repeated  neglect  of  duty  or  removal  from 
the  district;  and  the  persons  thus  elected  shall  hold  their  office 
for  the  unexpired  term  and  until  their  successors  are  elected 
and  qualified. 

Fourth — To  determine,  by  ballot,  the  length  of  school  term 
in  excess  of  eight  months  lhat  the  public  schools  of  the  district 
shall  be  maintained  for  the  next  scholastic  year;  also,  to  deter- 
mine the  rate,  if  any,  in  excess  of  forty  cents  on  the  one  hun- 
dred dollars'  assessed  valuation  to  be  levied  for  school  purposes, 
as  provided  for  in  section  11151. 

Fifth — To  determine,  by  majority  vote,  whether  or  not 
the  schoolhouse  of  the  district  may  be  used  during  the  ensuing 
year  for  religious,  literary  or  other  purposes,  or  for  the  meeting 
of  farmer  or  labor  organizations,  secret  or  otherwise. 


Revised  School  Laws.  63 

Sixth — To  decide  in  favor  of  or  against  any  proposed  change 
of  boundaries,  notice  of  such  change  having  been  given  in  each 
and  every  district  affected  thereby  in  the  manner  provided  by 
law. 

Seventh — To  direct  the  sale  of  any  property  belonging  to 
the  district  but  no  longer  required  for  the  use  thereof,  to  de- 
termine the  disposition  of  the  same  and  the  application  of  the 
proceeds. 

Eighth — To  designate  their  choice,  by  ballot,  for  a  person 
to  fill  the  office  of  county  superintendent  of  public  schools. 

Ninth — To  determine,  by  ballot,  the  rate  to  be  levied  upon 
the  one  hundred  dollars'  assessed  valuation  necessary  to  pur- 
chase a  site,  erect  a  schoolhouse  thereon  and  furnish  the  same, 
as  provided  for  in  section  11152. 

Tenth — To  determine,  in  districts  newly  formed,  or  wherein 
no  schoolhouse  site  has  yet  been  selected,  the  location  thereof, 
notice  having  been  given  in  the  manner  provided  by  law. 

Eleventh — To  change  the  location  of  schoolhouse  site  when 
the  same  for  any  cause  is  deemed  necessary:  Provided,  that  in 
every  case  a  majority  vote  of  the  voters  who  are  resident  tax- 
payers of  said  district  shall  be  necessary  to  remove  a  site  nearer 
the  center  of  said  district;  but  in  all  cases  to  remove  a  site  farther 
from  the  center  of  said  district,  it  shall  require  two-thirds  of 
the  legal  voters  who  are  resident  taxpayers  of  such  school  dis- 
trict voting  at  such  election.  (R.  S.  1919,  §  11210.) 

General  construction. — To  increase  the  rate  of  taxation  for  school  purposes 
above  forty  cents  on  the  hundred  dollars  at  a  special  meeting,  the  board  must  first 
determine  the  rate  and  then  submit  the  proposition  by  notice  to  the  annual  meet- 
ings, and  at  first  meetings  held  in  newly  formed  districts  the  voters  can  increase 
the  tax  levy  in  excess  of  forty  cents  to  maintain  school  or  to  purchase  sites,  build 
schoolhouses  and  furnish  same,  without  any  notice  having  been  given  that  such 
proposition  will  be  submitted.  Benton  v.  Scott,  168  Mo.  378,  68  S.  W.  78;  State 
ex  rel.  v.  Edwards,  151  Mo.  472,  52  S.  W.  373. 

An  estimate  calling  for  an  increase  of  taxes  for  teachers  and  incidental  funds 
which  in  the  aggregate  exceed  forty  cents  on  the  one  hundred  dollars  valuation,  when 
such  increase  has  not  t?een  sanctioned  by  a  majority  vote  of  the  district,  is  not  au- 
thorized, and  taxes  assessed  on  such  estimates  will  be  illegal  as  to  such  excess. 
Kansas  City,  etc.  v.  Chapin,  162  Mo.  409,  62  S.  W.  1001. 

To  change  the  location  of  a  schoolhouse  site  nearer  the  center  of  district,  only 
a  majority  of  the  taxpayers  present  and  voting  in  the  election  is  necessary.  Rich- 
ardson v.  McReynolds,  114  Mo.  641,  21  S.  W.  901;  Tucker  v.  McKay,  131  A.  728, 
111S.  W.  867.  Failure  of  district  clerk  to  copy  into  his  record  the  signature  of  the 
person  who  acted  as  chairman  of  the  annual  meeting  does  not  render  such  record 
incompetent  evidence  of  the  proceedings  of  such  meeting.  State  ex  rel.  v.  Eden, 
54  A.  31. 

The  expense  of  moving  a  schoolhouse  cannot  be  paid  out  of  incidental  fund, 
but  should  be  paid  out  of  building  funds.  A  proposition  "to, move  schoolhouse  to 
southeast  corner  of  J.  B.  Whitney's  place"  held  sufficiently  definite  to  enable  direc- 
tors to  determine  where  it  should  be  moved.  Livesay  v.  Whitney,  107  A.  475, 
81  S.  W.  640.  The  law  does  not  designate  the  particular  form  in  which  minutes 
of  the  annual  meeting  shall  be  kept,  and  an  entry  that  "next  in  order  voted  to 
move  schoolhouse;  carried,"  while  incomplete,  may  be  explained  by  parol  evidence 
to  show  that  the  vote  was  by  ballot,  and  that  the  necessary  majority  voted  therefor. 
The  removal  of  a  schoolhouse  pursuant  to  a  vote  of  district  cannot  be  enjoined  be- 
cause district  has  no  funds  to  pay  the  expenses,  if  responsible  citizens  of  the  dis- 


64  Revised  School  Laws. 

trict   have   obligated    themselves   to   pay   for   such   removal.      Tucker   v.    McKay, 
131  A.  728,  111  S.  W.  867. 

It  seems  that  school  boards  may,  by  proper  notice,  submit  to  annual  meetings 
propositions  to  change  boundaries  without  a  petition  praying  for  such  change,  but 
this  point  has  not  been  directly  decided  by  appellate  courts.  Mason  v.  Kennedy, 
89  Mo.  23,  14  S.  W.  514. 

The  powers  of  the  board  of  directors  denned.  48  A.  408,  30  A.  641.  The 
powers  conferred  on  the  voters  have  relation  to  the  then  existing  school  year. 
27  A.  36. 

The  right  to  select  teachers  belongs  exclusively  to  the  board,  and  a  vote  taken 
upon  this  proposition  must  be  considered  by  the  board  as  a  recommendation  only. 
It  will  be  observed  that  unless  otherwise  provided  by  law,  a  proposition  submitted 
to  the  annual  meeting  is  determined  by  a  majority  of  the  votes  cast.  The  law  pro- 
vides that  the  meeting  shall  convene  at  2  o'clock  p.  m..  Promptly  at  the  time 
the  legal  voters  may  proceed  to  organize  the  meeting  and  take  up  that  order  of 
business  specified  in  section  11210. 

First.  The  meeting  is  organized  by  the  election  of  a  chairman  and  a  secretary. 
These  are  temporary  officers  and  must  not  be  confounded  with  the  president  and 
clerk  of  the  board  of  directors.  The  chairman  presides  during  the  meeting,  put- 
ting all  motions  and  announcing  the  result.  The  chairman  is  entitled  to  vote 
upon  all  propositions  submitted.  In  case  of  a  tie  vote,  the  proposition  or  motion 
voted  upon  must  be  declared  lost.  The  secretary  keeps  a  correct  record  of  the 
proceedings  of  the  meeting,  which,  "when  duly  approved  and  attested  by  the 
chairman,"  must  be  turned  over  to  the  district  clerk  to  be  entered  upon  the  district 
record. 

Second.  Notice  that  the  director  is  to  be  chosen  by  ballot  for  three  years,  and 
that  he  is  to  hold  his  office  "until  his  successor  is  elected  and  qualified."  By 
reference  to  section  11213  we  find,  speaking  of  directors,  "and  shall  hold  their 
office  for  the  term  of  three  years,  and  until  their  successors  are  elected  or  appointed 
and  qualified."  Yet,  in  section  10850,  the  remaining  two  directors  are  authorized 
to  appoint  when  a  vacancy  occurs  in  one  of  the  five  following  ways:  First,  by 
death;  second,  resignation;  third,  refusal  to  serve;  fourth,  repeated  neglect  of  duty; 
fifth,  removal  from  the  district.  Upon  failure  to  elect  a  director  at  the  annual 
meeting,  the  remaining  two  members  cannot  appoint,  but  the  old  director  holds 
over  to  the  next  annual  meeting,  unless  the  outgoing  member  was  appointed. 
No  director  (in  an  annual  mass  meeting) ,  in  a  district  with  three  directors,  can  be 
elected  unless  he  receives  a  "majority  of  the  votes  cast."  If,  upon  the  announce- 
ment by  the  chairman  of  the  first  ballot,  no  one  has  "a  majority  of  the  votes  cast," 
successive  ballots  should  be  taken  till  someone  does  receive  such  majority.  When 
an  annual  meeting  has  adjourned  after  all  business  has  been  attended  to,  another 
meeting  or  getting  together  cannot  be  had  that  day  or  at  any  other  day  except 
it  be  called  in  accordance  with  section  11154.  The  election  of  a  director  is  re- 
stricted to  the  annual  meeting  by  section  11213. 

Third.  Filling  of  vacancies. — It  should  be  noted  that  persons  elected  at  the 
annual  meeting  to  fill  vacancies  "hold  their  office  for  the  unexpired  term,  and  until 
their  successors  are  elected  and  qualified,"  while  persons  appointed  by  the  board 
under  section  11216  to  fill  vacancies  "serve  until  the  next  annual  school  meeting." 

Fourth.  Increase  of  levy  for  school  purposes. — The  annual  meeting  is  authorized 
"to  determine  the  rate,  if  any,  in  excess  of  forty  cents  on  the  hundred  dollars 
assessed  valuation  to  be  levied  for  school  purposes."  The  proposition  voted  on 
should  be,  for  instance,  to  levy  forty-five  cents,  fifty  cents,  or  any  amount  not 
exceeding  sixty-five  cents  on  the  one  hundred  dollars  valuation  for  school  purposes. 
Both  the  Missouri  Constitution  and  statutes  limit  the  amount  to  be  levied  for 
school  purposes,  in  districts  not  formed  of  cities  and  towns,  to  sixty-five  cents  on 
the  hundred  dollars  valuation.  In  districts  formed  of  cities  and  towns,  a  hundred 
cents  on  the  hundred  dollars  valuation  may  be  levied  for  school  purposes.  Any 
school  district  which  is  organized  as  a  village  or  town  district  with  six  school 
directors  under  section  11237,  and  which  contains  within  its  boundaries  a  platted 
town,  may  levy  for  school  purposes  any  amount  not  in  excess  of  one  hundred 
cents  on  the  one  hundred  dollars  valuation.  Only  taxpayers  can  vote  on  the 
proposition  to  increase  the  levy  for  school  purposes.  By  reference  to  section  10796 


Revised  School  Laws.  65 

it  will  be  seen  that  a  vote  upon  this  proposition  is  not  confined  to  the  annual 
meeting,  but  can  be  had  at  any  time  upon  petition  of  five  resident  taxpayers,  or 
when  the  board  of  directors  deem  it  necessary. 

Fifth.  To  decide  upon  use  of  schoolhouse  for  other  purposes,  etc. — See  section 
10784. 

Seventh.  To  direct  the  sale  of  school  property. — The  annual  meeting  is  here 
authorized  to  direct  the  sale  of  school  property  and  not  to  sell  it;  that  is,. to  authorize 
the  board  of  directors  to  sell  the  property — on  such  conditions  and  under  such 
limitations,  of  course,  as  the  annual  meeting  may  see  fit  to  impose.  It  should 
be  observed  also  that  this  property  is  to  be  "no  longer  required  for  the  use  of  the 
district."  It  is  to  be  supposed,  of  course,  that  at  the  same  annual  meeting  at  which 
the  sale  of  the  property  is  directed,  bonds  will  be  voted  for  the  erection  of  school- 
house  and  furnishing  the  same.  The  board  of  directors  should  receive  definite 
instruction  not  to  dispose  of  the  old  schoolhouse  till  a  contract  is  entered  into  for 
the  building  of  a  new  schoolhouse  before  the  opening  of  school.  The  money  derived 
from  sale  of  the  school  property  should  be  credited  to  the 'building  fund  of  the 
district. 

Tenth.  Location  oj  schoolhouse  site. — This  applies  to  any  school  district 
seeking  a  schoolhouse  site:  First,  to  a  regularly  organized  district  without  a 
schoolhouse  site;  second,  to  districts  just  organized  from  unorganized  territory 
(section  11199).  The  annual  meeting  must  vote  upon  a  definite  site,  and  not 
instruct  the  board  of  directors  to  select  a  site.  The  proposition  is  carried  by  a 
majority  of  the  votes  cast.  This  proposition  may  be  voted  on  either  at  an  annual 
meeting  or  a  special  meeting  called  in  accordance  with  section  11154. 

Eleventh.  To  change  location  of  schoolhouse  site. — In  the  discussion  of  this 
section  we  have  found  one  proposition  (increase  of  levy  for  school  purposes)  that 
must  be  decided  by  taxpayers  as  distinguished  from  qualified  voters.  The  change 
of  location  of  schoolhouse  site  is  a  second  proposition  that  is  determined  by  the 
taxpayers  of  the  district. 

The  supreme  court,  in  the  114  Mo.,  at  page  649,  in  speaking  upon  this  statute, 
said:  "A  majority  vote  of  the  voters  who  are  resident  taxpayers  of  said  district 
means  a  majority  of  the  taxpayers  present  and  voting  at  such  election."  See, 
also,  37  Mo.  270. 

In  the  event  that  the  proposition  submitted  be  to  change  the  site  to  a  point 
further  from  the  center  of  the  district,  a  two-thirds  vote  of  the  resident  taxpayers 
who  are  legal  voters  present  and  voting  is  sufficient  to  carry  the  proposition.  The 
law  does  not  require  that  two-thirds  of  the  residents  of  the  district  who  are  legal 
voters  and  taxpayers  must  vote  affirmatively  upon  the  proposition  to  carry  it. 

All  propositions  submitted  at  the  annual  meeting,  except  these  two  (increase 
of  levy  for  school  purposes  and  change  of  schoolhouse  site),  can  be  decided  by 
the  qualified  voters;  these  two,  by  taxpayers  only.  For  definition  of  qualified 
voters,  see  section  11213. 

A  taxpayer  is  one  who  holds  in  the  district,  in  his  own  name,  real  or  personal 
property  liable  to  assessment  and  taxation. 

Of  the  eleven  items  of  section  11210,  the  sixth,  ninth  and  tenth  require  notices. 

The  annual  meeting  cannot  authorize  a  spring  term  of  school  to  be  begun  or 
held  before  the  30th  of  June  next  succeeding;  or,  in  other  words,  it  cannot  extend 
the  term  of  school  voted  by  the  last  annual  meeting.  If  it  is  considered  desirable 
to  extend  the  school  term  beyond  that  voted  by  the  last  annual  meeting,  the 
proposition  must  be  submitted  at  a  special  meeting  called  as  provided  in  section 
11154  for  that  purpose. 

The  directors  have  no  power  of  their  own  will  to  select  the  schoolhouse  site. 
57  Mo.  430.  The  chairman  of  a  meeting  of  qualified  voters  of  a  school  district 
for  the  election  of  a  school  director  is  not  subject  to  the  criminal  law  for  rejecting 
a  vote  of  an  applicant  for  suffrage.  19  A.  210.  No  power  exists  in  a  board  of 
public  school  directors,  without  authority  from  the  voters  of  the  district,  to  rent 
buildings  or  rooms  separate  from  the  district  schoolhouse,  and  to  employ  teacher? 
for  a  supplemental  school  therein.  30  A.  641.  Expense  of  moving  house  to  be 
paid  out  of  building  fund.  107  A.  475. 


66  Revised  School  Laws. 


FORM    FOR   NOTICE    OF   ANNUAL   SCHOOL   MEETING. 

Notice  is  hereby  given  to  the  qualified  voters  of  district   No.  ,  county 

of ,  state  of  Missouri,  that  the  annual  school  meeting  of  said  district   will  be 

held  at  .  on  Tuesday,  the  day  of  April,    19 — ,    commencing  at  2  o'clock 

p.  m.,  and  among  other  things  specified  by  the  law,  the  following  will  be  proposed 
and  considered: 


-,   District   Clerk. 


Sec.  11211.  Length  of  school  required — teachers'  salaries 
— -provisions  necessary  for  state  aid. — The  board  of  directors  of 
every  school  district  is  hereby  empowered  and  required  to  con- 
tinue the  public  school  or  schools  in  the  district  for  a  period  of 
eight  months  in  each  scholastic  year:  Provided,  that  when  any 
district  has  levied  for  school  purposes  (teacher  and  incidental 
expenses)  the  maximum  levy  provided  by  law  and  the  funds  so 
derived,  together  with  the  money  on  hand  and  the  amount 
received  from  the  public  funds,  are  insufficient  to  maintain  such 
school  or  schools  for  such  a  period,  paying  the  teacher  or  teachers 
a  maximum  salary  of  sixty  dollars  ($60.00)  per  month,  then  such 
district  shall  receive  from  the  state  treasurer  a  sufficient  amount 
to  make  up  this  deficit;  no  district  shall  receive  over  three  hun- 
dred dollars  ($300.00)  for  any  year,  except  as  hereinafter  pro- 
vided: Povided,  that  a  salary  of  seventy  dollars  ($70.00)  per 
month  may  be  paid  by  a  district  employing  a  teacher  who  holds 
a  second  grade  certificate,  and  eighty  dollars  ($80.00)  per  month 
by  a  district  employing  a  teacher  who  holds  a  first  grade  certifi- 
cate, or  its  equivalent:  Provided  further,  any  district  making 
application  for  such  state  aid  shall  show  that  it  has  an  assessed 
valuation  of  seventy-five  thousand  dollars  ($75,000.00)  or  less, 
that  it  has  made  a  levy  of  sixty-five  cents  on  the  one  hundred 
dollars'  valuation  for  school  purposes,  not  more  than  twenty-five 
cents  of  said  levy  to  be  used  for  incidental  purposes,  and  that  it 
nas  maintained  an  average  daily  attendance  of  fifteen  or  more 
pupils  during  the  past  school  term;  or  in  lieu  of  an  average  daily 
attendance  of  fifteen  or  more  pupils  that  during  the  past  school 
term  it  has  maintained  an  average  daily  attendance  of  sixty-five 
per  cent  of  the  last  enumeration  in  said  district:  Provided 
further,  that  any  school  district  which  employs  two  or  more 
teachers  may  receive  not  to  exceed  five  hundred  dollars  ($500.00) 
if  it  has  an  assessed  valuation  of  one  hundred  and  twenty-five 
thousand  dollars  ($125,000.00)  or  less  and  has  maintained  an 
average  daily  attendance  of  forty  (40)  or  more  pupils  during  the 
last  school  term  and  has  complied  with  the  other  provisions  of 
the  section:  Provided  further,  that  any  school  district  that 
receives  aid  under  the  provisions  of  this  section  and  then  pays  its 
teachers  salaries  in  excess  of  the  amount  above  specified  shall 
forfeit  its  right  to  any  further  state  aid  under  this  section  for  a 
period  of  two  years:  //  is  also  provided,  that  no  school  district 


Revised  School  Laws.  67 

organized  after  January  1,  1913,  with  an' area  of  less  than  six 
square  miles,  shall  be  entitled  to  state  aid  under  the  provisions 
of  this  section.  The  directors  of  any  such  district  desiring  to 
avail  itself  of  this  aid  shall  meet,  and  on  or  before  June  30th  fur- 
nish to  the  county  clerk  an  estimate,  verified  by  the  signatures  of 
the  clerk  and  the  members  of  such  board,  showing  the  amount  of 
such  probable  deficit;  it  shall  be  the  duty  of  the  county  clerk  to 
furnish  to  the  state  superintendent,  on  or  before  July  15th,  a 
list  of  all  districts  in  his  county  making  such  application,  show- 
ing the  amount  estimated  by  each  district  and  the  total  for  the 
county.  Before  apportioning  the  state  school  funds,  the  state 
superintendent  of  public  schools  shall  set  aside  a  sum  equal  to 
the  total  of  all  deficits  reported  by  all  the  counties  in  the  state, 
after  which  he  shall  proceed  in  accordance  with  section  11179. 
The  state  superintendent  shall  cause  the  state  treasurer  to  for- 
ward to  the  county  clerk  of  each  county  the  total  amount  shown 
to  be  due  to  such  county  to  make  up  such  deficits,  and  the  clerk 
shall  thereupon  apportion  to  each  district  its  proper  amount  in 
accordance  with  the  estimates  on  file  in  his  office.  (R.  S.  1919, 
§  11211,  amended  Laws,  1921,  H.  B.  348.) 

Every  district  in  the  state  must  maintain  an  eight  months'  term  of  school, 
provided  the  maintenance  levy,  together  with  the  public  funds  and  cash  on  hand, 
are  adequate.  If  the  money  from  the  above  sources  is  not  adequate  to  maintain 
an  eight-months'  term  the  school  must  be  continued  until  the  teachers'  fund  is 
expended. 

Districts  which  levy  for  school  purposes  (teacher  and  incidental  expenses) 
the  maximum  levy  provided  by  law,  and  the  funds  so  derived,  together  with  the 
public  funds  and  money  on  hand  are  not  sufficient  to  maintain  an  eight  months' 
term,  may  receive  aid  from  the  state  on  meeting  the  following  conditions: 

A.  In  districts  employing  one  teacher: 

1.  The  district  must  have  an  assessed  valuation  of  $75,000  or  less. 

2.  The  district  must  levy  65  cents  on  the  $100  for  school  purposes. 

3.  Not  more  than  25  cents  of  said  levy  to  be  used  for  incidental  purposes. 

4.  The  district  must  have  maintained  an  average  daily  attendance  of  fifteen 
or  more  pupils  during  the  past  school  term,  or  in  lieu  of  an  average  daily  attendance 
of  fifteen  or  more  pupils,  the  district  must  have  maintained  an  eaverage  daily  at- 
tendance of  65  per  cent  of  the  last  enumeration  in  the  district. 

5.  The  maximum  amount  of  aid  is  $300,    or    so    much    thereof    as    may    be 
necessary  to  maintain  an  eight  months'  term  of  school,  at  the  following  salaries: 

(a)  Sixty  dollars  ($60.00)  per  month  for  a  teacher  who  holds  a  third  grade 
certificate,  (b)  seventy  dollars  ($70.00)  per  month  for  a  teacher  who  holds  a  second 
grade  certificate,  (c)  eighty  dollars  ($80.00)  per  month  for  a  teacher  who  holds 
a  first  grade  certificate,  or  its  equivalent. 

B.  In  districts  employing  two  or  more  teachers:     The  conditions  for  receiv- 
ing state  aid  are  the  same  as  for  districts  employing  one  teacher  with  the  following 
exceptions: 

1.  The  assessed  valuation  must  be  $125,000  or  less. 

2.  The  average  daily  attendance  durjng  the  last  school  term  must  have  been 
40  or  more  pupils. 

3.  The  maximum  amount  of  aid  is  $500.00. 

Any  district  that  receives  state  aid  cannot  pay  salaries  in  excess  of  those 
prescribed  above.  If  necessary,  the  board  of  directors  may  call  a  special  meeting 
to  vote  the  increase  of  levy  necessary  for  state  aid. 

No  district  organized  after  January  1,  1913,  and  having  an  area  of  less  than 
six  square  miles,  can  receive  state  aid. 

Formal  application  must  be  made  to  the  county  clerk  on  or  before  June  30th 


68  Revised  School  Laws. 

and  by  him  to  the  state  superintendent  on  or  before  July  15th.  A  careful  reading 
of  section  11179,  especially  the  two  provisos,  is  recommended  before  sending  in 
estimates  required  by  section  11142. 

The  year  here  spoken  of  is  the  school  year  beginning  July  1  and  ending  June 
30th. 

Sec.  11212.  Requirements  to  secure  state  aid  in  certain 
districts. — The  board  of  directors  of  any  school  district  of  which 
the  assessed  valuation  does  not  exceed  fifty  thousand  dollars 
($50,000)  and  in  which  the  average  daily  attendance  in  school 
during  any  year  has  been  less  than  fifteen,  is  hereby  authorized 
to  arrange  with  the  board  or  boards  of  directors  of  other  dis- 
trict or  districts  for  the  admission  of  all  children  of  school  age 
in  said  district  having  a  daily  attendance  of  less  than  fifteen, 
and,  if  desired  to  arrange  also  for  transporting  the  children  to 
and  from  school.  In  the  event  any  such  district  has  levied  for 
school  purposes  the  maximum  levy  provided  by  law  (sixty-five 
cents  on  the  one  hundred  dollars  assessed  valuation)  and  applies 
the  funds  so  derived,  together  with  the  money  on  hand  and  the 
amount  received  from  public  funds  to  the  payment  of  the  cost 
of  transportation  for  the  children  of  said  district,  and  also  applies 
any  balance  remaining  in  such  fund  after  the  payment  of  trans- 
portation cost  to  the  payment  of  tuition  for  the  children  of 
said  district  and  does  not  have  a  sufficient  amount  to  meet  all 
this  tuition  cost,  the  state  shall  grant  aid  to  such  district  suf- 
ficient to  enable  the  district  to  keep  all  its  children  in  school 
for  a  period  of  at  least  eight  months:  Provided,  however,  the 
amount  of  aid  granted  shall  in  no  case  exceed  the  actual  cost 
for  tuition  and  the  rate  of  tuition  paid  shall  not  exceed  the  pro 
rata  cost  for  maintenance  in  the  district  or  districts  which  said 
children  attend,  based  on  the  maintenance  cost  of  the  pre- 
ceding year;  it  is  also  provided,  that  the  estimated  cost  per 
pupil  for  transportation  shall  be  a  reasonable  charge,  and  the 
state  superintendent  shall  decide  as  to  the  reasonableness  of 
this  charge  and  his  decision  shall  be  final.  The  application 
and  manner  of  payment  of  the  aid  granted  under  this  section 
shall  be  similar  to  the  application  and  method  of  payment 
provided  in  section  11211.  (R.  S.  1919,  §  11212.) 

Sec.  11213.  Directors,  qualifications  of — how  and  by  whom 
elected. — The  government  and  control  of  the  district  shall  be 
vested  in  a  board  of  directors  composed  of  three  members,  who 
shall  be  citizens  of  the  United  States,  resident  taxpayers  of  the 
district,  and  who  shall  have  paid  a  state  and  county  tax  within 
one  year  next  preceding  his,  her  or  their  election,  and  who  shall 
have  resided  in  this  state  for  one  year  next  preceding  his,  her 
or  their  election  or  appointment,  and  shall  be  at  least  twenty- 
one  years  of  age.  Said  directors  shall  be  chosen  by  the  qualified 
voters  of  the  district  at  the  time  and  in  the  manner  prescribed 
in  section  11209  of  this  article*  and  shall  hold  their  office  for 
the  term  of  three  years,  and  until  their  successors  are  elected 
or  appointed  and  qualified,  except  those  elected  at  the  first 


Revised  School  Laws.  69 

annual  meeting  held  in  the  district  under  the  provisions  of  this 
chapter,  whose  term  of  office  shall  be  for  one,  two  and  three 
years,  respectively.  A  qualified  voter  within  the  meaning  of 
this  chapter  shall  be  any  person  who,  under  the  general  laws 
of  this  state,  would  be  allowed  to  vote  in  the  county  for  state  and 
county  officers,  and  who  shall  have  resided  in  the  district  thirty 
days  next  preceding  the  annual  or  special  meeting  at  which  he 
offers  to  vote.  (R.  S.  1919,  §  11213.) 

Qualification  of  director. — Supreme  court  has  jurisdiction  of  appeal  in  suit  to 
oust  a  school  director.  If  a  party  has  paid  a  state  and  county  tax  in  another  county 
within  one  year  and  has  resided  in  school  district  long  enough  to  entitle  him  to  vote, 
he  may  serve  as  school  director  if  elected.  State  ex  inf.  v.  Fasse,  189  Mo.  532, 
88  S.  W.  1. 

A  director  must  be  a  citizen  of  the  United  States,  either  naturalized  or  native 
born,  a  resident  taxpayer,  and  shall  have  paid  a  state  and  county  tax  within  one 
year  next  preceding  his  election. 

The  following  portion  of  the  definition  of  a  qualified  voter  may  not  be  plain: 
"A  qualified  voter  within  the  meaning  of  this  chapter  shall  be  any  person  who, 
under  the  general  laws  of  this  slate,  would  be  allowed  to  vote,"  etc.  Who  are  "al- 
lowed to  vote  under  the  general  laws  of  this  state?"  Article  8,  section  2  of  the 
Constitution  settles  this:  "Every  male  citizen  of  the  United  States,  and  every 
male  person  of  foreign  birth  who  may  have  declared  his  intention  to  become  a 
citizen  of  the  United  States  according  to  law,  not  less  than  one  year  nor  more  than 
five  years  before  he  offers  to  vote,  who  is  over  the  age  of  twenty-one  years,  possess- 
ing the  following  qualifications,  shall  be  entitled  to  vote  at  all  elections  by  the 
people*:  (1)  He  shall  have  resided  in  the  state  one  year  immediately  preceding 
the  election  at  which  he  offers  to  vote,  (2)  he  shall  have  resided  in  the  county,  city 
or  town  where  he  shall  offer  to  vote  at  least  sixty  days  immediately  preceding  the 
election." 

Sec.  11214.  Oath  of  directors. — The  directors  shall,  within 
four  days  after  their  election  or  appointment,  take  and  sub- 
scribe an  oath  or  affirmation  to  faithfully  and  impartially  dis- 
charge the  duties  of  their  office,  which  oath  may  be  admin- 
istered by  each  other;  and  the  district  clerk  shall  enter  the  same, 
with  the  date  thereof,  upon  the  records  of  the  district,  and  the 
oath  administered  shall  be  as  follows: 

I  do  solemnly  swear  (or  affirm)  that  I  will  support  the  Constitution  of  the 
United  States  and  the  Constitution  of  the  state  of  Missouri,  and  that  I  will  faith- 
fully and  impartially  discharge  the  duties  of  school  director  in  and  for  district 

No.  —  — ,  county  of ,  state  of  Missouri,  to  the  best  of  my  ability,  according 

to  law,  so  help  me  God. 


Sworn  to  and  subscribed  before  me  this day  of 

(R.  S.  1919,  §.11214.) 

It  is  not  sufficient  in  administering  the  oath  of  office  to  a  newly  elected  director 
that  it  be  done  orally.  The  oath  should  be  written  or  printed  in  the  form  given 
in  this  section,  and  signed  by  the  person  or  persons  to  whom  the  same  is  being 
administered.  It  should  also  bear  the  signature  of  the  person  administering  the 
same,  under  the  proper  date  thereof.  While  this  section  provides  that  the  oath 
may  be  administered  by  the  members  of  the  board,  this  does  not  preclude  the 
idea  that  it  may  also  be  taken  before  any  officer  authorized  to  administer  an  oath. 

Sec.  11215.     Organization  of  board. — The  directors  shall 
meet  within  four  days  after  the  annual  meeting,  at  some  place 


70  Revised  School  Laws. 

within  the  district,  and  organize  by  electing  one  of  their  number 
president;  and  the  board  shall,  on  or  before  the  fifteenth  day 
of  July,  select  a  clerk,  who  shall  enter  upon  his  duties  on  the 
fifteenth  day  of  July,  but  no  compensation  shall  be  allowed 
such  clerk  until  all  reports  required  by  law  and  by  the  board 
have  been  duly  made  and  filed.  A  majority  of  the  board  shall 
constitute  a  quorum  for  the  transaction  of  business:  Provided, 
each  member  shall  have  due  notice  of  the  time,  place  and  pur- 
pose of  such  meeting;  and  in  case  of  the  absence  of  the  clerk, 
one  of  the  directors  may  act  temporarily  in  his  place.  The 
clerk  shall  keep  a  correct  record  of  the  proceedings  of  all  the 
meetings  of  the  board.  No  member  of  the  board  shall  receive 
any  compensation  for  performing  the  duties  of  a  director.  (R. 
S.  1919,  §  11215.) 

General  construction. — In  the  absence  of  evidence  to  the  contrary,  it  will  be 
presumed  that  proper  notice  was  given  of  a  special  meeting  of  directors.  Waters 
v.  District,  59  A.  580.  If  two  directors  meet,  and  without  keeping  a  record  of  their 
proceedings  and  without  notice  to  the  third  member,  issue  warrants,  such  war- 
rants will  be  illegal,  but  if  paid,  no  action  can  be  maintained  against  the  directors 
who  issued  same,  provided  they  were  issued  for  a  valid  indebtedness  of  district. 
School  District  v.  Smalley,  58  A.  658. 

In  order  to  issue  a  valid  warrant  the  directors  must  mefcw  as  a  board,  order  the 
varrant  issued,  and  keep,  or  cause  their  clerk  to  keep,  a  record  of  their  proceedings. 
State  v.  Lawrence,  178  Mo.  350;  Kane  v.  District,  48  A.  408.  When  all  directors 
are  assembled,  upon  notice  or  by  accident,  they  can  hold  u  legal  meeting  and 
transact  any  business  which  the  law  authorizes  them  to  attend  to.  Decker  v. 
District,  101  A.  115,  74  S.  W.  390;  Hibbard  v.  Smith,  135  A.  721.  A  meetings  of 
directors  held  outside  of  district  is  void.  State  v.  Kessler,  136  A.  236,  117  S.  W.  85. 

President  of  board  is  empowered  to  call  special  meetings,  and  the  only  requisite 
is  that  each  member  has  notice  of  time  and  place.  59  A.  580. 

By  organization  is  meant  election  of  officers.  The  directors  should  meet 
within  four  days  after  the  annual  meeting — that  is,  before  the  close  of  the  week 
in  which  the  election  is  held,  and  organize  by  the  election  of  a  president.  The 
clerk  need  not  be  elected  until  later,  as  he  does  not  enter  upon  the  duties  of  his 
office  until  July  15th.  The  president  must  be  a  member  of  the  board.  The  clerk 
may  or  may  not  be  a  member  of  the  board.  The  board  should,  after  organization, 
fix  the  date  of  holding  regular  meetings  of  the  board — that  is,  on  the  last  Saturday 
of  each  month,  or  some  other  date  that  may  seem  most  convenient.  After  the 
date  of  holding  regular  meetings  has  been  fixed,  it  is  the  duty  of  each  member  of 
the  board  to  attend  such  meetings  without  notice.  Special  meetings  of  the  board 
may  be  called  as  provided  in  section  11137. 

Special  attention  is  called  to  one  provision  of  this  section — the  one  providing 
that  no  compensation  shall  be  allowed  the  district  clerk  until  all  reports  required 
by  law  and  by  the  board  have  been  duly  made  and  filed.  At  the  meeting  of  the 
board  at  which  the  clerk  is  elected  his  compensation  should  be  fixed  by  an  order 
of  the  board.  In  many  of  the  country  districts  the  board  of  directors  meet  for 
organization  on  the  same  day  and  immediately  after  adjournment  of  the  annual 
meeting. 

"When  all  members  of  a  school  board  meet  at  some  place  in  the  district,  whether 
in  obedience  to  notice  or  by  accident,  they  may,  if  they  choose,  hold  a  board 
meeting  and  proceed  to  transact  any  ordinary  business  pertaining  to  the  district, 
and  a  failure  on  their  part  to  make  and  preserve  minutes  of  their  proceedings  will 
not  affect  the  rights  of  a  party  with  whom  they  have  made  valid  settlement  at 
such  meeting."  101  A.  115,  135  A.  721. 

Sec.  11216.  Vacancy  in  board  of  directors,  how  filled. — If 
a  vacancy  occur  in  the  office  of  director,  by  death,  resignation, 


Revised  School  Laws.  71 

refusal  to  serve,  repeated  neglect  of  duty  or  removal  from  the 
district,  the  remaining  directors  shall,  before  transacting  any 
offical  business,  appoint  some  suitable  person  to  fill  such  vacancy; 
but  should  they  be  unable  to  agree,  or  should  there  be  more 
than  one  vacancy  at  one  time,  the  county  superintendent  of 
public  schools  shall,  upon  notice  of  such  vacancy  or  vacancies 
being  filed  with  him  in  writing,  immediately  fill  the  same  by 
appointment,  and  notify  said  person  or  persons  in  writing  of 
such  appointment;  and  the  person  or  persons  appointed  under 
the  provisions  of  this  section  shall  comply  with  the  requirements 
of  section  11214,  and  shall  serve  until  the  next  annual  school 
meeting.  (R.  S.  1919,  §  11216.) 

Failure  of  board  to  fill  vacancy,  as  required  by  this  section,  does  not  invalidate 
its  acts  performed  while  such  vacancy  exists.      Bauer  v.  District,  78  A.  442. 

This  section  applies  to  districts  organized  under  the  provisions  of  the  city  and 
town  schools  act,  as  well  as  to  country  districts.  When  a  vacancy  occurs  from  any 
of  the  causes  prescribed  in  this  section,  it  must  be  filled  before  transacting  any 
official  business.  Any  member  may  be  cited  to  appear  before  the  board  of  directors 
and  show  cause  why  his  office  should  not  be  declared  vacant  on  account  of  re- 
peated neglect  of  duty.  If  it  shall  be  held  by  a  majority  of  the  board  that  such 
member  is  guilty  of  repeated  neglect  of  duty,  or  if  such  member  fails  to  appear  in 
obedience  to  notice,  his  office  may  be  by  them  declared  vacant,  and  some  person 
qualified  therefor  may  then  be  appointed  by  them  to  fill  such  vacancy  until  the 
next  annual  meeting. 

FORM  FOR  APPOINTMENT  OF  DIRECTORS  BY  SCHOOL  DIRECTORS. 

We.  the  undersigned,  directors  of  district  No.  ,  of county,  Missouri, 

do  hereby  appoint to  fill  the  vacancy  in  the  office  of  director  of  said  district, 

caused  by  the  (death,  resignation,  removal  or  refusal  to  act,  naming  the  cause) 
of . 


Directors. 

Sec.  11217.  Removal  of  district  clerk.— The  board  shall 
have  power  to  remove  the  district  clerk  from  his  office  for  derelic- 
tion of  duty  and  appoint  another  in  his  place,  to  whom  the 
former  incumbent  shall  immediately -deliver  his  books  and  papers 
pertaining  to  the  office.  (R.  S.  1919,  §  11217.) 

The  district  clerk  is  a  creature  of  the  board,  and  can  therefore  be  removed 
"for  dereliction  of  duty."  The  president  of  the  board  is  also  a  creature  of  the  board, 
and  can  be  removed  and  another  appointed.  Of  course,  he  will  still  hold  his  posi- 
tion as  a  member  of  the  board.  "It  is  essential,  in  every  case,  that  charges  be 
made,  and  trial  had,  and  that  the  accused  be  notified  and  have  a  full  opportunity 
for  defense."  44  Mo.  570. 

Sec.  11218.  Joint  high  schools  may  be  established. — When- 
ever any  school  district  in  Missouri,  as  party  of  the  first  part, 
has  or  will  furnish  a  room  or  rooms,  suitable  for  the  purposes 
of  a  high  school,  and  will  agree  to  seat,  equip,  heat  and  keep 
in  order  said  room  or  rooms  for  high  school  purposes,  at  its 
own  expense,  said  district,  together  with  any  other  three  or 
more  school  districts  in  Missouri,  as  parties  of  the  second  part, 
may  unite  as  a  public  central  high  school  district,  for  the  pur- 
poses of  organizing  and  maintaining  a  high  school  for  the  better 


72  Revised  School  Laws. 

instruction  of  the  children  of  such  school  districts  in  high  school 
studies;  and  the  question  of  such  union  may  be  submitted  to 
the  annual  meetings  of  such  districts  severally,  by  legal  notice, 
as  other  questions  are  submitted  to  such  meetings;  and  the  clerk 
of  each  district  voting  upon  the  question  of  such  union  shall 
record  the  result  of  the  vote  in  the  records  of  the  meeting,  and, 
on  the  reorganization  of  the  board  of  directors  in  each  of  the 
said  school  districts,  issue  to  the  president  thereof  a  certificate 
of  the  vote  on  the  said  question  of  union;  and  at  2  p.  m.  on  the 
Tuesday  following  the  annual  meeting  the  directors  of  the 
several  districts  which  have  voted  on  the  question  of  said  union  shall 
meet  at  the  schoolhouse  of  the  district  herein  designated  as 
party  of  the  first  part,  and  if  the  district  so  designated  as  party 
of  the  first  part,  and  any  three  or  more  of  the  districts  herein 
designated  as  parties  of  the  second  part,  shall  have  decided 
severally,  by  majority  vote,  to  form  such  central  high  school 
district,  then  the  same  shall  be  considered  formed;  and  the 
directors  of  the  several  school  districts  forming  such  central 
high  school  district  shall,  on  said  first  Tuesday  after  the  annual 
election,  organize  for  the  purposes  of  such  high  school  district 
by  electing  from  their  number  a  president  and  secretary,  and 
agree,  by  a  majority  vote,  upon  the  part,  not  to  exceed  twenty 
per  cent,  of  the  teachers'  fund  of  the  several  districts,  to  be 
set  apart  by  the  directors  of  such  several  school  districts 
for  the  salary  of  the  teacher  or  teachers  of  said  central  high 
school,  and  decide  upon  the  time,  place  and  manner  of  electing 
the  teacher  or  teachers  of  said  central  high  school,  who  shall 
hold  a  first  grade  county  certificate  or  certificates,  or  a  state 
certificate  or  certificates,  and  who  shall  enter  into  a  contract 
with  said  central  high  school  directors  in  the  manner  in  which 
teachers  contract  with  other  school  districts;  and  said  directors 
of  said  school  district  shall  annually  thereafter,  on  the  first 
Tuesday  after  the  annual  meeting,  meet  as  hereinbefore  provided 
for  their  first  organization,  .and  reorganize  by  the  election  of  a 
president  and  secretary,  and  transact  such  further  business  as 
may  be  necessary  to  continue  said  central  high  school  from  year 
to  year:  Provided,  the  sum  set  aside  by  the  several  boards  of 
directors  of  the  several  school  districts  of  said  central  high  school 
district  for  the  salary  of  said  high  school  teacher  or  teachers 
shall  not,  in  any  one  of  said  school  districts,  exceed  twenty  per 
cent,  of  the  teachers'  fund  in  said  school  district;  and  the  county 
treasurer,  or  the  township  trustees  handling  the  funds  of  said 
school  districts  forming  said  central  high  school  district,  shall, 
upon  notice  from  the  secretary  of  said  central  high  school  dis- 
trict, set  aside  for  the  salary  of  said  central  high  school  teacher 
or  teachers  the  part  of  the  teachers'  fund  of  the  said  several  school 
districts  agreed  upon  and  set  apart  by  the  directors  of  the  said 
several  school  districts,  as  herein  provided  for;  and  said  county 
treasurer  or  township  trustees  shall  pay  said  high  school  teacher 
or  teachers  from  said  fund  set  aside,  upon  the  warrant  of  the 


Revised  School  Laws.  73 

president  and  secretary  of  said  central  high  school  district; 
and  the  authority  of  the  central  high  school  board  of  directors 
herein  created  over  the  central  high  school,  as  to  rules  and  regula- 
tions, shall  be  the  same  as  that  of  the  board  of  directors  of  other 
school  districts  over  the  schools  of  their  school  districts:  Provided, 
that  the  length  of  term  of  said  central  high  school  shall  not 
exceed  the  average  length  of  term  in  the  school  districts  of 
which  said  central  high  school  district  is  composed:  Provided, 
that  no  pupil  shall  be  permitted  to  enter  the  classes  of  said 
central  high  school  who  has  not  completed  the  study  of  descrip- 
tive geography,  practical  arithmetic,  mental  arithmetic,  language 
lessons  and  elementary  grammar,  United  States  history  and 
elementary  physiology;  and  the  teacher  or  teachers  of  said 
central  high  school  may  examine  all  pupils  desiring  to  enter 
said  central  high  school,  to  test  their  knowledge  of  the  afore- 
said subjects.  (R.  S.  1919,  §  11218.) 

This  has  been  in  the  statutes  for  more  than  twenty  years,  and  but  two  high 
schools  have  been  organized  under  its  provisions,  and  one  of  these  was  disorganized 
in  April,  1913,  because  the  plan  was  not  successful. 

Sec.  11219.  Duties  of  district  clerk.— The  district  clerk 
shall  keep  a  record  of  the  proceedings  of  all  annual  and  special 
meetings  of  the  qualified  voters  of  the  district;  also,  the  pro- 
ceedings of  the  board  of  directors.  He  shall  make  copies  of  the 
election  notices,  contracts  with  teachers,  certificates  and  all 
other  papers  relating  to  the  business  of  the  district,  and  securely 
keep  the  same.  He  shall  transmit  to  the  county  superintendent, 
on  or  before  the  fifteenth  day  of  July  in  each  year,  a  report 
embracing  the  following  items:  First,  the  number  of  children, 
male  and  female,  white  and  colored,  attending  the  public  schools 
during  the  year;  second,  total  number  of  days  attendance  by 
all  such  children;  third,  the  number  of  days  the  public  schools 
of  the  district  have  been  maintained  during  the  school  year; 
fourth,  the  number  of  teachers  employed,  male  and  female,  and 
the  wages  per  month  of  each;  fifth,  the  number  of  school  rooms 
occupied  in  the  district,  and  the  number  of  children  that  may 
be  seated  in  the  same;  sixth,  estimated  value  of  school  property 
owned  and  managed  by  the  district;  seventh,  assessed  valuation 
of  the  district;  eighth,  rate  of  school  tax  on  the  assessed  valuation 
of  the  district;  ninth,  cash  on  hand  at  the  beginning  of  the 
year;  tenth,  tuition  fees  received  and  credited  to  the  teachers' 
fund  of  the  district;  eleventh,  public  funds  received  by  county 
treasurer;  twelfth,  district  tax  received  by  county  (or  town- 
ship) treasurer;  thirteenth,  amount  paid  on  teachers'  wages; 
fourteenth,  amount  paid  for  incidental  expenses;  fifteenth, 
amount  expended  for  purchasing  site,  erecting  schoolhouses, 
rent  and  repairs;  sixteenth,  amount  expended  in  canceling 
bonded  indebtedness  and  paying  interest  on  same;  seventeenth, 
amount  expended  for  library;  eighteenth,  cash  on  hand  at  the 
end  of  the  year.  (R.  S.  1919,  §  11219.) 


74  Revised  School  Laws. 

Notice  of  election,  when  signed  by  clerk,  is  sufficiently  authenticated.  Mason 
v.  Kennedy,  89  Mo.  23,  14  S.  W.  514. 

30  A.  641,  48  A.  408,  58  A.  658.  District  clerk  should  enter  upon  records  of 
district  an  exact  copy  of  record  of  annual  meeting  as  kept  by  secretary,  but,  should 
he  fail  to  do  so,  his  record  is  admissible  in  evidence.  54  A.  31. 

The  financial  statement  to  the  annual  meeting  should  be  carefully  recorded. 

Sec.  11220.     District  clerk  to  procure  record  books. — It 

shall  be  his  duty  to  procure  the  necessary  record  books  for  the 
proper  transaction  of  the  duties  of  his  office;  also,  to  procure  and 
furnish  to  each  teacher  a  school  register,  properly  ruled,  headed 
and  classified,  to  exhibit  the  following:  The  names,  ages  and 
studies  pursued  by  all  pupils  attending  the  school,  the  date  of 
their  entrance,  daily  attendance  and  absence,  and  the  date  of 
the  visitation  of  the  school  by  the  directors  or  patrons,  and 
such  other  facts  as  the  state  superintendent  may  require — the 
above  to  be  paid  for  out  of  the  moneys  used  to  defray  the  in- 
cidental expenses  of  the  district.  (R.  S.  1919,  §  11220.) 

In  the  district  clerk's  record  book  are  recorded  the  proceedings  of  annual  and 
special  meetings  of  the  board  of  directors,,  copies  of  election  notices,  contracts 
with  teachers,  etc.,  in  accordance  with  section  11219.  District  clerk  must  procure 
a  register  for  the  teacher.  This  is  not  optional,  and  the  teacher  should  take  special 
pains  to  use  this  register  to  the  best  advantage.  Section  11164. 

Section  11179  makes  it  the  duty  of  the  district  clerk  to  report  to  the 
county  clerk  between  June  15th  and  June  30th  of  each  year  several  items 
which  will  render  it  necessary  for  the  clerk  to  be  thoroughly  familiar  with  the  records 
of  the  school.  The  clerk  should  read  section  11179  very  carefully,  as  the  public 
funds  will,  in  the  future,  be  apportioned  in  accordance  with  these  reports  to  the 
county  clerks. 

Sec.  11221.  District  clerk  to  post  notices.— It  shall  be  the 
duty  of  the  district  clerk  to  post  all  notices  required  by  law, 
when  duly  ordered  by  the  board,  for  any  annual  or  special 
school  meeting;  also,  those  required  by  law  to  be  posted  by  the 
district  clerk  without  such  order  of  the  board;  and  all  such 
notices  shall  be  given  as  provided  in  section  11209.  (R.  S.  1919, 
§  11221.) 

A  notice,  issued,  signed  and  posted  by  clerk,  is  sufficient.  Mason  v.  Ken- 
nedy, 89  Mo.  23,  14  S.  W.  514. 

Change  of  boundary  of  district,  duty  of  clerk  as  to  notices.  89  Mo.  23. 
Sufficiency  of  notice.  54  A.  31. 

Special  meetings  are  those  provided  for  by  sections  11127,  11151,  11152  and 
11154.  It  is  supposed^  that  all  qualified  voters  should  take  notice  of  the  annual 
meeting  without  notices  being  posted,  but  it  has  become  cutomary  to  post  notices 
for  annual  meetings  as  well  as  for  special  meetings,  as  it  often  happens  that  special 
propositions  requiring  notice  are  voted  on  at  the  annual  meeting.  Propositions 
requiring  notices  for  the  annual  meeting  should  be  considered  as  if  submitted  at 
a  special  meeting.  In  other  words,  the  annual  meeting  becomes  a  special  meeting 
when  it  considers  anything  not  specifically  designated  as  belonging  thereto.  The 
district  clerk  may  be  proceeded  against  under  section  11158  for  failure  to  perform 
his  duty. 

Sec.  11222.  Payment  of  district  indebtedness.— Upon  the 
order  of  the  board  of  directors,  it  shall  be  the  duty  of  the  dis- 
trict clerk  to  draw  warrants  on  the  county  treasurer  in  favor 
of  any  party  to  whom  the  district  has  become  legally  indebted, 


Revised  School  Laws.  75 

either  for  services  as  teacher,  for  material  purchased  for  the  use 
of  the  school,  or  material  or  labor  in  the  erection  of  a  school- 
house  for  said  district — the  said  warrant  to  be  paid  out  of  any 
moneys  in  the  appropriate  funds  in  the  hands  of  the  said  treas- 
urer and  belonging  to  the  district.  The  species  of  indebtedness 
must  be  clearly  stated  and  should  be  drawn  on  its  appropriate 
fund;  all  moneys  for  teachers'  wages  on  the  teachers'  fund;  all 
moneys  used  in  the  purchase  of  a  site,  erection  of  building 
thereon,  and  furnishing  the  same,  on  building  fund;  and  all 
other  expenses  to  be  paid  out  of  the  incidental  fund:  Provided, 
however,  that  no  order  for  the  payment  of  teachers'  wages  shall 
be  drawn  in  favor  of  any  person  not  holding  a  certificate  of 
qualification,  signed  by  the  county  superintendent,  state  superin- 
tendent or  a  certificate  or  diploma  conferred  by  a  normal  school 
of  this  state,  or  in  favor  of  any  teacher  delinquent  in  his  monthly 
or  term  reports;  and  further  provided,  that  before  drawing  any 
such  warrant,  the  president  of  the  board  shall  first  visit  the 
office  of  the  county  or  township  treasurer,  and  record  his  signa- 
ture in  a  book  to  be  kept  in  the  office  of  said  treasurer  for  that 
purpose,  and  for  making  such  trip  such  president  of  the  board 
shall  be  allowed  one  dollar  per  day  and  his  necessary  traveling 
expenses,  payable  out  of  the  incidental  funds  of  his  district. 
(R.  S.  1919,  §  11222.) 

Section  construed. — Directors  are  not  personally  liable  for  a  school  warrant 
drawn  when  there  is  not  money  in  the  treasury  to  pay  same,  provided  they  have 
not  issued  warrants  in  excess  of  the  taxes  levied  and  other  income  of  district  for  the 
year.  Jacquemin  v.  Andrews,  40  A.  507.  Mandamus  will  not  lie  to  compel  the 
board  of  directors  to  issue  warrants  to  pay  a  judgment  if  such  judgment  fails  to 
recite  the  nature  of  the  contract  or  indebtedness  upon  which  it  is  based.  State  ex 
rel.  v.  Board,  97  A.  613,  71  S.  W.  701. 

Teacher  may  recover  wages,  if  school  be  closed  without  his  consent,  because 
not  enough  of  outstanding  taxes  have  been  collected  to  pay  him.  Rudy  v.  District, 
30  A.  113.  Changing  a  school  warrant  constitutes  forgery.  State  v.  Tyree,  201 
Mo.  574,  100  S.  W.  645. 

The  words  "contingent"  and  "incidental"  are  used  interchangeably  to  denote 
the  same  fund. 

Where  an  average  rate  for  school  building  tax  is  computed  upon  a  basis  which 
blends  rate  of  taxes  for  school  buildings,  sinking  and  interest  fund,  the  irregularity 
is  no  ground  to  enjoin  collection  of  tax.  126  Mo.  472.  Those  funds  are  all  part 
of  building  fund.  Id.  Until  teacher  flies  his  report,  directors  have  no  right  to 
order  payment  of  his  wages.  24  A.  213.  But  teacher  does  not  forfeit  any  rights 
under  his  contract  by  failure  to  make  such  reports,  if  prevented  from  so  doing 
by  action  of  directors.  30  A.  113;  31  Mo.  319. 

This  section  provides  for  the  drawing  of  warrants  upon  the  "order  of  the  board 
of  directors,"  by  the  district  clerk,  "on  the  county  treasurer,  in  favor  of  any  party 
to  whom  the  district  has  become  legally  indebted."  These  warrants  must  be 
upon  the  proper  fund.  Three  funds  are  specified — teachers'  fund;  building  fund 
and  contingent,  or  incidental,  fund.  The  species  of  indebtedness  must  be  clearly 
stated.  No  teacher  delinquent  in  his  monthly  or  term  reports,  or  not  holding  a 
legal  certificate,  can  receive  a  warrant.  The  president  of  the  board  is  required 
to  record  his  signature  with  the  county  or  township  treasurer.  By  section  11240 
in  express  terms,  and  by  section  11215  by  inference,  no  warrant  can  be  ordered 
except  by  a  majority  of  the  board,  that  is,  unless  a  majority  of  the  whole  board 
vote  therefor.  In  signing  warrants,  the  president  and  clerk  of  the  board  act 
ministerially.  It  is  their  duty  to  sign  warrants  when  ordered  by  the  board,  re- 


76  Revised  School  Laws. 

gardless  of  their  preferences  in  the  matter.  Boards  of  directors,  in  purchasing 
furniture  or  apparatus  from  agents,  should  be  very  careful  not  to  be  induced  to 
sign  any  contracts  or  warrants  presented  by  these  agents.  If  a  purchase  is  made 
from  agents,  the  warrant  should  be  drawn  upon  the  legal  blanks  belonging  to  the 
board  and  upon  the  incidental  fu'nd. 

Boards  of  directors  have  no  authority  to  order  a  warrant  or  enter  into  a  con- 
tract exceeding  the  revenue  provided  for  the  current  school  year.  Such  warrant 
or  contract  does  not  constitute  a  legal  claim  against  the  district. 

Sec.  11223.  Form  of  warrant — to  be  paid  from  proper 
fund. — The  warrants  thus  drawn  shall  be  in  the  following  form, 
and  shall  be  signed  by  the  president  of  the  board  and  counter- 
signed by  the  district  clerk: 

TEACHERS'  FUND. 

$ No. 

Treasurer  of county,  Missouri: 

Pay  to ,  or  order,  for  services  as  teacher  in  district  No. , dollars, 

out  of  any  funds  in  your  hands  for  the  payment  of  teachers'  wages  belonging  to 
said  district. 

Done  by  order  of  the  board,  this day  of ,  19 — . 

,  President.  ,   Clerk. 

INCIDENTAL,   FUND. 

Treasurer  of county,  Missouri: 

Pay  to ,  or  order,  the  sum  of  dollars,  for  furnished  district 

No.  ,  out  of  any  funds  in  your  hands  for  the  payment  of  incidental  expenses 

belonging  to  said  district. 

Done  by, order  of  the  board,  this day  of ,  19 — . 

— ,  President.  — ,   Clerk. 

BUILDING   FUND. 

$ —  No. 

Treasurer  of county,  Missouri: 

Pay  to ,  or  order,  the  sum  of dollars,  for furnished  in  the  erection 

of  a  schoolhouse  in  district  No. ,  out  of  any  money  in  your  hands  belonging 

to  the  building  fund  of  said  district,  and  not  otherwise  appropriated. 

Done  by  order  of  the  board,  this day  of ,  19 — . 

— .  President.  .   Clerk. 

The  treasurer  shall  open  an  account  for  each  fund  specified 
in  this  section,  and  all  moneys  received  from  the  state,  county 
and  township  funds,  and  all  moneys  derived  from  the  taxation 
for  teachers'  wages,  and  all  tuition  fees,  shall  be  placed  to  the 
credit  of  the  "teachers'  fund;"  the  money  derived  from  taxation 
for  incidental  expenses  shall  be  credited  to  the  "incidental  fund;" 
all  money  derived  from  taxation  for  building  purposes,  from 
the  sale  of  school  site,  schoolhouse  or  school  furniture,  from 
insurance,  from  sale  of  bonds,  from  sinking  fund  and  interest,  shall 
be  placed  to,  the  credit  of  the  "building  fund;"  and  all  moneys 
not  herein  specified  that  now  belong  to  any  school  district,  or 
that  may  hereafter  be  received  by  such  school  district,  shall 
be  placed  to  the  credit  of  the  "teachers'  fund"  of  such  school 
district.  No  treasurer  shall  honor  any  warrant  unless  it  be  in 
the  proper  form  and  upon  the  appropriate  fund;  and  each  and 
every  warrant  shall  be  paid  from  its  appropriate  fund,  and  no 
partial  payment  shall  be  made  upon  any  school  warrant,  nor 


Revised  School  Laws.  77 

shall  any  interest  be  paid  upon  any  such  warrant:  Provided, 
that  the  board  of  directors  shall  have  the  power  to  transfer 
from  the  incidental  to  the  building  fund  such  sum  as  may  be 
necessary  for  the  ordinary  repairs  of  school  property:  Provided 
further,  that  in  the  event  of  a  balance  remaining  in  the  build- 
ing fund  after  the  purpose  for  which  said  fund  was  levied  is 
accomplished,  the  said  board  shall  have  the  power  to  transfer 
such  unexpended  balance  to  the  incidental  fund.  Provided 
further,  that  by  a  majority  vote  of  the  school  board  tuition  fees 
may  be  used  to  liquidate  indebtedness  accrued  in  the  building 
fund.  (R.  S.  1919,  §  11223.) 

Construction. — When  the  law  requires  an  officer  to  perform  a  ministerial 
duty,  he  is  liable  for  damages  if  he  refuse  to  perform  such  duty.  When  holder  of 
school  warrant  demanded  damages  from  treasurer  for  failure  to  pay  his  warrant, 
but  accepted  the  face  value  of  the  warrant,  he  waived  his  claim  to  such  damages. 
St.  Joseph,  etc.  Bd.  v.  Hull,  72  A.  403. 

School  warrant  will  not  draw  interest,  but  treasurer  refusing  to  pay  warrant, 
when  legally  drawn  and  payment  of  same  demanded,  will  be  liable  on  his  official 
bond  for  damages  sustained,  which  would  be  interest  on  amount  detained.  72 
A.  403. 

This  section  defines  the  three  funds  and  gives  the  source  from  which  each  is 
derived.  No  provision  is  made  in  the  law  for  any  transfer  of  money  into  the  teach- 
ers' fund  or  out  of  the  teachers'  fund.  The  two  provisos  of  above  section  make 
clear  the  circumstances  under  which  sums  may  be  transferred  from  the  incidental 
to  the  building  fund  and  vice  versa. 

Sec.  11224.  County  court  may  invest  sinking  fund,  when 
and  how. — Whenever  there  are  outstanding  any  legal  county 
revenue  warrants  of  any  county  bearing  six  per  cent,  interest, 
which  will  be  redeemed  by  the  taxes  of  the  current  year,  and 
there  are  school  moneys  in  the  hands  of  the  county  treasurer 
belonging  to  the  various  districts,  which  will  not  be  required 
for  the  support  of  the  .public  schools  before  the  date  when  such 
revenue  warrants  will  be  paid,  the  county  courts  are  authorized 
to  direct  the  county  treasurer  to  invest  such  surplus  school 
moneys  in  the  revenue  warrants,  and  hold  them  for  the  use  and 
benefit  of  the  school  districts  until  the  money  for  the  redemption 
of  such  warrants  is  received  into  the  county  revenue  fund,  when 
such  money  shall  be  applied  to  their  payment.  (R.  S.  1919, 
§  11224.) 

Sec.  11225.  County  treasurer  to  report. — The  county  treas- 
urer shall,  at  the  first  term  of  county  court  after  the  redemption 
of  the  warrants  by  the  county  revenue  fund,  submit  to  the  court 
a  detailed  statement  showing  the  amount  and  time  the  school 
moneys  were  invested,  the  amount  belonging  to  each  district 
so  used,  and  the  amount  of  interest  realized  for  each  district; 
and  the  court  shall  direct  such  interest  to  be  placed  to  the  credit 
of  the  respective  districts  and  the  treasurer  be  charged  there- 
with. (R.  S.  1919,  §  11225.) 

Sec.  11226.  Records  of  district  clerk.— The  district  clerk 
shall  record  a  copy  of  all  reports  made  by  him  to  the  count} 


78  Revised  School  Laws. 

superintendent.  He  shall  also  record  in  the  record  book  of  the 
district  a  correct  plat  of  the  district,  changing  the  same  as 
often  as  alteration  is  made  in  the  boundary  lines  by  the  proper 
authority,  and  shall  furnish  the  county  clerk  and  county  super- 
intendent with  copies  of  the  same,  and  shall  officially  notify 
them  of  any  change  whenever  made.  (R.  S.  1919,  §  11226.) 

When  change  takes  effect. — A  change  of  boundaries  takes  effect  from  the  date 
when  made,  regardless  of  whether  a  copy  of  plat  showing  such  change  is  furnished 
to  county  clerk  as  required  by  this  section.  Henry  v.  Duile,  74  Mo.  443. 

Sec.  11227.  Teachers'  monthly  and  term  reports. — It 
shall  be  the  duty  of  every  teacher  to  make  out  and  file  with 
the  district  clerk,  at  the  expiration  of  each  month,  a  report  of 
the  number  of  pupils  in  attendance  during  the  month,  distin- 
guishing between  male  and  female,  the  average  attendance,  and 
such  other  statistics  as  the  board  of  directors,  by  order,  may 
require,  and  no  warrants  shall  be  ordered  by  the  board  or  drawn 
by  the  clerk  for  such  month's  salary  until  such  monthly  report 
has  been  made  and  filed  with  the  district  clerk;  and  at  the  close 
of  the  term,  a  report,  embracing  a  summary  of  the  above, 
together  with  the  length  of  term  taught,  wages  paid,  teachers 
employed,  and  such  other  information  as  the  board,  by  its 
official  acts,  may  require;  a  duplicate  of  same  shall  be  filed  with 
the  county  superintendent,  and  no  warrant  shall  be  issued  by 
said  clerk  in  favor  of  such  teacher  for  the  last  month's  salary 
of  such  term  until  he  shall  have  filed  with  said  clerk  and  county 
superintendent  such  term  report.  (R.  S.  1919,  §  11227.) 

Teacher's  compensation. — A  teacher  cannot  recover  his  salary  by  suit -if  he 
has  failed  to  furnish  the  reports  required  by  this  section.  Hall  v.  District,  24  A. 
213.  Teacher  cannot  be  deprived  of  nis  salary  for  failure  to  enforce  a  rule  prescribed 
by  directors  unless  he  be  notified  of  such  rule.  Perkins  v.  District,  61  A.  512. 

Teacher  muse  make  out  and  file  with  clerk  of  district  monthly  report  to  entitle 
him  to  wages.  24  A.  213. 

In  a  graded  school  employing  a  number  of  teachers  the  assistants  should 
make  their  reports  to  the  principal  or  superintendent,  and  he  should  condense 
these  reports  and  make  one  report  to  the  board.  "No  warrant  shall  be  issued  by 
said  clerk  in  favor  of  such  teacher  for  the  last 'month's  salary  of  such  term  unless 
he  shall  have  filed  with  said  clerk  such  term  report."  This  should  be  strictly 
adhered  to.  See,  alsp,  section  11225.  "Where  a  teacher  in  a  school  district  failed 
to  make  out  and  file  with  the  clerk  of  the  school  district  the  monthly  report  required 
by  the  statute,  the  board  of  directors  of  the  school  district  has  no  power  to  order 
the  payment  of  such  teacher's  wages  under  the  statute,  and  he  could  not  lawfully 
recover  judgment  against  the  school  district  on  account  of  a  claim  which  the  statute 
prohibited  it  from  paying."  24  A..  214.  Notice,  also,  the  following  from  30  A. 
113:  "A  teacher  does  not  forfeit  any  right  under  his  contract,  or  under  the  law, 
by  failing  to  make  monthly  reports  when,  by  action  of  the  directors,  the  school 
has  been  closed  and  there  is,  therefore,  nothing  to  report."  The  term  report 
blank  calls  for  individual  pupils'  reports.  A  school  board  lays  its  members  per- 
sonally responsible  if  it  pays  the  teacher  the  last  month's  salary  before  this  term 
report  is  made  according  to  the  prescribed  blank. 

Sec.  11228.  Loan  of  surplus  district  school  money. — When- 
ever it  shall  be  found  that  .any  school  dictrict  has  any  surplus 
funds  in  the  county  treasury,  the  directors  of  such  school  dis- 
trict may  make  application,  in  writing,  to  the  county  court, 


Revised  School  Laws.  79 

setting  forth  that  school  funds  are  accumulating  beyond  the 
wants  or  necessities  of  such  district.  Upon  such  application, 
it  shall  be  the  duty  of  the  county  court  to  cause  such  funds 
to  be  loaned  for  the  use  and  benefit  of  such  school  district. 
(R.  S.  1919,  §  11228.) 

Sec.  11229.  How  loaned. — Such  school  funds  shall  be 
loaned  at  the  same  rate  of  interest  and  in  the  same  manner 
as  township  school  funds  are  loaned:  Provided,  that  no  school 
tax  shall  be  levied  in  -such  district  other  than  for  incidental 
expenses  during  the  time  for  which  such  surplus  fund  is  sought 
to  be  loaned;  and  provided  further,  that  a  free  public  school 
shall  be  maintained  in  such  school  district  for  at  least  eight 
months  in  each  year.  (R.  S.  1919,  §  11229.) 

The  sureties  on  the  general  bond  of  a  county  treasurer  are  not  liable  for  his 
failure  to  account  for,  and  pay  over  to  his  successor  in  office,  county  and  township 
school  funds.  For  the  special  duties  imposed  upon  him  by  the  school  law  he  is 
answerable  on  a  separate  bond.  55  Mo.  80.  A  treasurer  of  a  school  township  is 
liable  on  his  official  bond  for  school  funds  deposited  in  bank,  and  lost  through 
the  failure  and  insolvency  of  the  bank,  although  he  was  not  guilty  of  any  want  of 
care  or  prudence  in  failing  to  ascertain  its  financial  condition.  67  Mo.  395.  Where 
the  county  treasurer  receives  a  check  from  the  state  treasurer  in  payment  of  the 
apportionment  of  the  amount  due  the  county  from  the  public  school  moneys, 
and  fails  to  use  diligence  in  collecting  the  check,  the  loss,  if  any  occur  thereby, 
falls  on  the  county  treasurer.  67  Mo.  139;  56  Mo.  65.  An  action  on  the  bond 
of  a  defaulting  county  treasurer  to  recover  school  moneys  is  properly  brought 
by  the  county  in  the  name  of  the  state  to  the  use  of  the  county.  The  statute 
does  not  require  it  to  be  brought  to  the  use  of  the  county  clerk.  68  Mo.  454. 

Sec.  11230.  Schools  having  special  charters  may  be  gov- 
erned by  general  school  law,  how. — All  school  districts  in  this 
state  now  having  a  special  charter  may  surrender  such  special 
charter  and  become  a  school  district  under  and  be  governed  by 
general  schools  laws  of  this  state,  and  more  particularly  chapter 
102,  Revised  Statutes  of  Missouri,  1919,  and  amendments  there- 
to, in  the  manner  hereinafter  provided.  (R.  S.  1919,  §  11230.) 

Sec.  11231.  Special  election  to  determine  whether  special 
charter  shall  be  surrendered. — A  majority  of  the  school  directors 
may,  and  upon  the  petition  of  ten  (10)  assessed  taxpaying  citi- 
zens they  (the  school  directors)  shall,  within  ten  days  after  same 
is  filed  with  the  clerk  of  said  school  board,  call  a  special  election 
as  hereafter  provided,  to  determine  whether  the  special  charter 
shall  be  surrendered.  (R.  S.  1919,  §  11231.) 

Sec.  11232.  Notice  of  election. — The  school,  board  shall 
publish  a  notice  of  said  election  in  some  newspaper  published  in 
said  district  in  the  following  manner:  If  a  daily  paper  for  seven 
successive  days,  and  if  a  weekly  newspaper  in  two  issues  thereof, 
and  the  election  shall  be  held  not  less  than  five  nor  more  than 
ten  days  after  the  last  insertion  of  said  notice  in  said  paper. 
(R.  S.  1919,  §  11232.) 

Sec.  11233.  Elections,  how  conducted. — Said  election  shall 
be  held,  judges  and  clerks  be  appointed,  and  in  every  other  respect 


80 


Revised  School  Laws. 


conducted,  as  school  elections  are  now  held  in  said  special  school 
district.      (R.  S.  1919,  §  11233.) 

Sec.  11234.  Ballot.— The  school  board  shall  furnish  the 
ballots  for  use  at  said  election,  which  shall  be  in  the  following 
form: 

SPECIAL    ELECTION. 

School  district. 


Shall  the  special  charter  be  surrendered. 

YES. 
NO. 

(R.  S.  1919,  §11234.) 

Sec.  11235.  Result  of  election. — If  a  majority  of  those 
voting  at  said  election  shall  vote  in  favor  of  surrendering  the 
special  charter,  such  school  district  shall  thereafter  become  a 
school  district  under  and  be  governed  by  the  general  school 
laws  of  this  state,  and  more  particularly  chapter  102  Revised 
Statutes  of  Missouri,  1919,  and  amendments  thereto.  (R.  S. 
1919,  §  11235.) 


ARTICLE  IV.  4 

LAWS  APPLICABLE  TO  CITY,  TOWN  AND  CONSOLIDATED  SCHOOLS. 


Sec. 

11236.  Organization  of  town  or  -city  school 
districts — corporate  powers. 

11237.  Town  or  city  districts — how  organized. 

1 1238.  Board  of  education,  tenure  of  members 
of — vancancies  in,  how  filled. 

11239.  Election  of  directors  in  city,  town  and 
consolidated  schools. 

11240.  Organization  of  board — duties  of  of- 
ficers. 

11241.  Primary  and  high  schools  to  be  estab- 
lished and  sites  located. 

11242.  Town,  city  or  consolidated  school  dis- 
trict— how  disorganized. 

11243.  Duties,  restrictions  and  liabilities  of 
boards. 

11244.  Corporate  seal — school  term. 

11245.  Bond  of  treasurer. 

11246.  Liability  of  treasurer  for  sinking  fund 
and  interest — compensation. 

11247.  District  moneys  to  be  paid  to  treas- 
urer. 

11248.  Settlement  of  treasurer. 

11249.  Duties  of  county  clerk — how  paid. 

11250.  Duties  of  collectors. 

11251.  Regulations    governing    elections    at 
annual  meetings. 

11252.  Annexation  to  town  and  city  districts. 

11253.  Change  of  boundary  lines  and  division 
of  property. 


Sec. 

11254.  Annexation  to  school   districts   when 
corporate  limits  are  extended. 

11255.  Consolidated  districts — how  formed. 

11256.  High  school  for  colored  children — es- 
tablishment of — how,  when  and  where. 

11257.  Consolidated   districts  for  elementary 
and  high  school  may  be  formed. 

11258.  Consolidated    district — area    and  enu- 
meration of. 

11259.  Petition  to  form  consolidated  districts 
filed    with    whom — duties  of    county 
superintendent  —  meeting  —  organiza- 
tion of. 

11260.  Transportation — may  be  voted  on. 

11261.  Parts  of  districts  remaining  after  con- 
solidation— procedure. 

11262.  Settlement  of  property — original  dis- 
tricts to  continue — how  long. 

11263.  State  aid — when  granted — how. 

11264.  Special  state  aid  granted,  when — how. 

11265.  Length  of  school  required — teachers' 
salaries — provisions  necessary  for  state 
aid  for  primary  schools. 

11266.  Employment  of  members  of  board — 
publication  of  financial  report. 

11267.  Board  may  accept  gifts  for  libraries. 

11268.  Depositories  of  school  moneys. 


Sec.  11236.  Organization  of  town  or  city  school  districts 
— corporate  powers. — Any  common  school  district  containing 
within  its  boundaries  a  city,  town  or  village,  the  plat  of  which 
has  been  filed  in  the  recorder's  office  of  the  county  in  which 


Revised  School  Laws.  81 

the  same  is  situated,  or  any  district  having  two  hundred  or 
more  children  of  school  age  by  the  last  enumeration,  may  be 
'organized  into  a .  town  or  city  school  district,  and,  when  so 
organized,  shall  be  a  body  corporate,  and  known  as  the  school 
district  of  -  — ,  and  in  that  name  may  sue  and  be  sued  and 
possess  the  same  corporate  powers  and  be  governed  the  same 
as  other  school  districts  except  as  herein  provided;  and  every 
extension  that  has  heretofore  been  made,  or  that  hereafter  may 
be  made,  of  the  limits  of  any  city,  town  or  village  that  is  now 
or  may  be  hereafter  organized  under  the  laws  of  this  state, 
shall  have  the  effect  to  extend  the  limits  of  such  town  or  city 
school  district  to  the  same  extent,  and  such  extension  of  the 
limits  of  any  city  or  town  school  district  shall  take  effect  on 
the  first  day  of  July  next  following  the  extension  of  the  limits 
of  such  city,  town  or  village:  Provided,  that  any  incorporated 
city,  town  or  village,  the  plat  of  which  has  been  previously 
filed  in  the  recorder's  office  of  the  county  in  which  the  same  is 
situated,  and  which  is  divided  by  a  school  district  boundary  line, 
so  that  said  incorporated  city,  town  or  village  lies  partly  in  one 
school  district  and  partly  in  another,  shall  have  the  right  to 
organize  as  a  separate  town  or  city  school  district  in  the  manner 
provided  in  this  section  for  the  organization  of  common  school 
districts  as  town  or  city  school  districts.  The  meeting  for  such 
organization  shall  be  called  by  posting  notices,  setting  forth  the 
time,  place  and  purpose  of  said  meeting  in  at  least  five  public 
places  in  said  city,  town  or  village,  at  least  fifteen  days  prior  to 
the  date  of  said  meeting.  Said  notices  shall  be  signed  by  at 
least  ten  freeholders,  residents  of  the  city,  town  or  village  to 
be  organized  as  a  school  district.  Such  town  or  city  school 
district  shall,  at  the  time  of  organization,  include  only  the  terri- 
tory in  the  corporate  limits  of  the  city,  town  or  village  organiz- 
ing as  a  school  district  and  such  territory  outside  the  corporate 
limits  as  may,  by  the  creation  of  the  new  district,  be  cut  off 
from  the  district  or  districts  to  which  it  originally  belonged. 
(R.  S.  1919,  §  11236.) 

Section  construed. — Unorganized  territory  cannot  be  organized  into  a  town 
or  city  school  district  without  first  being  formed  into  a  common  school  district. 
School  District  v.  Wallace,  75  A.  317.  The  provisions  of  this  section  do  not  apply 
to  cities  of  50,000  to  300,000  inhabitants  which  are  already  organized  as  school 
districts.  School  District  v.  District,  184  Mo.  140,  82  S.  W.  1082.  The  president 
of  the  school  board  is  the  proper  person  to  serve  with  process  in  suits  against  school 
districts.  Carr  v.  District,  42  A.  154. 

Note. — Under  this  section,  as  amended  in  1909,  any  incorporated  city,  town 
or  \illage,  the  plat  of  which  has  been  filed  in  the  recorder's  office,  and  which  lies 
partly  in  two  or  more  school  districts,  may  organize  as  a  separate  school  district. 

Section  held  constitutional.  State  ex  rel.  Buck  v.  Frisco  R.  R.,  263  Mo. 
689,  174  S.  W.  64. 

Under  this  section  rural  school  districts  may  be  united  into  one  district,  as 
provided  in  section  11201,  and  when  the  new  district  has  two  hundred  or  more 
children  of  school  age,  it  can  organize  under  this  article.  This  is  another  way  of 
providing  for  rural  high  schools. 

This  section  is  constitutional.  45  Mo.  458.  Thje  whole  subdistrict  need  not 
be  included.  50  Mo.  268.  Territory  outside  of  corporate  limits  may  be  taken  in  and 


82  Revised  School  Laws. 

attached  for  school  purposes.  53  Mo.  127;  60  Mo.  540;  64  Mo.  53;  65  Mo.  587; 
93  Mo.  655;  99  Mo.  332.  School  district  has  power  to  change  and  extend  its 
limits,  although  town  is  not  incorporated.  56  Mo.  231;  68  A.  397.  Each  organized, 
school  district  is  a  body  corporate  and  its  territorial  form  can  be  changed  only 
in  manner  pointed  out  by  statute.  120  Mo.  67.  Special  school  district  has  power 
to  condemn  land  for  schoolhouse  site.  125  Mo.  439.  Suit  against  school  district 
process,  on  whom  served.  42  A.  154. 

Sec.  11237.  Town  or  city  school  districts,  how  organized. 
Whenever  it  may  be  desired  to  organize  a  common  school  dis- 
trict or  consolidated  school  district  into  a  town  or  city  school 
district,  with  special  privileges  granted  under  this  article,  the 
board  of  directors  shall,  upon  the  reception  of  a  petition  to  that 
effect,  and  signed  by  ten  qualified  voters  who  are  resident  tax- 
payers of  the  district,  submit  the  proposition  at  an  annual  or 
special  meeting,  giving  notice  of  such  meeting  as  provided  by 
section  11209.  The  order  of  business  at  such  meeting  shall  be 
as  follows: 

First — To  organize  as  a  town  or  city  school  district,  those 
voting  for  the  organization  shall  have  written  or  printed  on 
their  ballots  "For  organization,"  and  those  voting  against  the 
organization  shall  have  written  or  printed  on  their  ballots 
"Against  organization;"  and  each  person  desiring  to  vote  shall 
advance  to  the  front  of  the  chairman  and  deposit  his  ballot  in 
a  box  to  be  used  for  that  purpose.  When  all  present  shall 
have  voted,  the  chairman  shall  appoint  two  tellers,  who  shall 
call  each  ballot  aloud  and  the  secretary  shall  keep  a  tally  and 
report  to  the  chairman,  who  shall  announce  the  result;  and  if 
a  majority  of  the  votes  cast  are  "For  organization,"  the  chairman 
shall  call  the  next  order  of  business. 

Second — To  elect  six  directors,  as  follows:  Two  shall  be 
elected  for  three  years,  two  for  two  years  and  two  for  one  year, 
and  each  director  shall  be  elected  separately  and  the  result 
announced  in  the  manner  prescribed  for  organization.  If  said 
election  is  held  at  a  special  meeting,  from  then  until  the  next 
annual  meeting  shall  be  taken  as  one  year,  so  far  as  relates  to 
the  terms  of  the  directors  elected.  The  directors  chosen  must 
comply  with  the  requirements  of  section  11240  of  this  article. 

The  chairman  and  secretary  of  such  meeting  shall  keep  a 
record  of  the  proceedings  thereof  and  turn  the  same  over  to 
the  board  of  education  of  such  district,  to  be  entered  upon  its 
records  by  the  clerk  of  such  district.  (R.  S.  1919,  §  11237.) 

Section  construed. — When  a  proper  petition  is  presented  to  directors,  as  pro- 
vided in  this  section,  and  they  have  ordered  an  election  and  caused  the  notices 
thereof  to  be  posted,  they  cannot  prevent  such  election  by  taking  down  the  notices 
and  causing  other  notices  to  be  posted  announcing  the  withdrawal  of  such  election. 
Under  this  section,  any  common  school  district  or  consolidated  district  may  or- 
ganize as  a  town  or  city  district,  whether  or  not  it  contain  a  village,  town  or  city 
with  a  plat  filed  in  the  recorder's  office.  State  ex  rel.  v.  Gill.  190  Mo.  79,  88  S. 
W.  628. 

See  cases  cited  under  Sec.  11236. 

Construing  11236  and  11237,  the  supreme  court  said:  "Thus  we  have  two 
separate  and  distinct  organizations  provided  for — the  result  the  same  in  each — 
a  single  school  district  governed  by  the  provisions  of  article  IV.  T<?  the  first  is 


Revised  School  Laws.  83 

essential  a  village,  and  a  recorded  plat  thereof;  that  the  territory  to  be  organized 
may  be  defined.  To  the  second,  only  an  organized  common  school  district,  where 
territory  is  already  defined,  and  which  needs  no  plat  for  that  purpose."  190  Mo. 
79. 

By  "territory  attached  thereto"  is  unquestionably  meant  such  territory  as  may 
belong  to  the  school  district  lying  outside  of  the  corporate  limits  of  the  city  or  town. 
Under  a  prior  statute,  the  supreme  court  held  that  in  the  formation  of  a  district 
under  this  act,  territory  belonging  to  adjacent  districts  could  be  attached  without 
the  consent  of  such  districts.  The  present  statute  does  not  admit  of  the  dis- 
memberment of  districts  in  this  manner.  If  it  is  considered  desirable  to  include 
in  the  organization1  territory  belonging  to  adjoining  districts,  the  boundary  lines 
must  either  be  changed  in  the  manner  provided  in  section  11201  before  organizing, 
or  in  the  manner  provided  in  section  11252,  after  completing  the  organization. 

Territory  embraced  in  a  school  subdistrict  outside  of  and  adjoining  an  incor- 
porated town  may  be  organized  at  the  same  time  with  that  part  within  the  corporate 
limits.  64  Mo.  53;  60  Mo.  540,  65  Mo.  587.  A  school  district  is  a  quasi  corpora- 
tion, and  the  powers  of  the  corporators  and  directors  are  prescribed  and  limited 
by  statute.  25  A.  85.  The  territorial  form  of  a  school  district  can  be  changed 
only  in  the  manner  pointed  out  by  the  statutes.  120  Mo.  67. 

Sec.  11238.  Board  of  education,  tenure  of  members  of — 
vacancies  in,  how  filled. — The  government  and  control  of  such 
town  or  city  school  district  shall  be  vested  in  a  board  of  educa- 
tion of  six  members,  who  shall  hold  their  office  for  three  years 
and  until  their  successors  are  duly  elected  and  qualified,  and 
any  vacancy  occurring  in  said  board  shall  be  filled  in  the  same 
manner  and  with  like  effect  as  vacancies  occurring  in  boards  of 
other  school  districts  are  required  to  be  filled,  and  the  person 
appointed  shall  hold  office  till  the  next  annual  meeting,  when  a 
director  shall  be  elected  for  the  unexpired  term.  (R.  S.  1919, 
§  11238.) 

Discretion  oj  directors. — The  establishment  and  management  of  public  schools 
of  a  town  school  district  is  vested  in  the  board  of  directors,  and  their  discretionary 
powers  cannot  be  controlled  by  mandamus.  State  ex  rel.  v.  Jones,  155  Mo.  570, 
56  S.  W.  307. 

Sec.  11239.  Election  of  directors  in  city,  town  and  consoli- 
dated schools. — The  qualified  voters  of  the  district  shall,  annually, 
on  the  first  Tuesday  of  April,  elect  two  directors,  who  are  citizens 
of  the  United  States,  resident  taxpayers  of  the  district,  and  who 
shall  have  paid  a  state  and  county  tax  within  one  year  next 
preceding  their  election  or  appointment,  and  who  shall  have 
resided  in  this  state  for  one  year  next  preceding  their  election 
or  appointment,  and  shall  be  at  least  thirty  years  of  age,  who 
shall  hold  their  office  for  three  years  and  until  their  successors 
are  duly  elected  and  qualified;  and  all  vacancies  in  the  board 
shall  be  filled  for  the  unexpired  term.  (R.  S.  1919,  §  11239.) 

Sec.  11240.     Organization  of  board — duties  of  officers.— 

Within  four  days  after  the  annual  meeting  the  board  shall  meet, 
the  newly  elected  members  be  .qualified  and  the  board  organized 
by  the  election  of  a  president  and  vice-president,  and  the  board 
shall,  on  or  before  the  fifteenth  day  of  July  of  each  year,  elect 
a  secretary  and  a  treasurer,  who  shall  enter  upon  their  respec- 
tive duties  on  the  fifteenth  day  of  July;  said  secretary  and 


84  Revised  School  Laws. 

treasurer  may  be  or  may  not  be  members  of  the  board.  No 
compensation  shall  be  granted  to  either  the  secretary  or  the 
treasurer  until  his  report  and  settlement  shall  have  been  made 
and  filed  or  published  as  the  law  directs.  A  majority  of  the 
board  shall  constitute  a  quorum  for  the  transaction  of  business, 
but  no  contract  shall  be  let,  teacher  employed,  bill  approved  or 
warrant  ordered  unless  a  majority  of  the  whole  board  shall 
vote  therefor.  The  president  and  secretary,  except  as  herein 
specified,  shall  perform  the  same  duties  and  be 'subject  to  the 
same  liabilities  as  the  president  and  clerks  of  the  school  boards 
of  other  districts.  (R.  S.  1919,  §  11240.) 

District  treasurer  and  his  bond. — The  treasurer  of  a  school  district  is  a  public 
officer,  and  a  suit  on  his  official  bond  is  barred  under  Sec.  1318  at  the  end  of  three 
years  after  the  breach  of  said  bond.  State  ex  rel.  v.  Harter,  188  Mo.  516,  87  S.  W. 
941.  -  A  party  who  is  elected  treasurer  of  school  district  before  July  15  cannot 
legally  enter  into  the  office  until  that  date,  but  where  he  is  elected  and  before  July 
15  gives  his  receipt  for  funds  of  district,  receives  pass  book  from  bank  showing 
such  funds  to  his  credit,  he  is  estopped  when  sued  on  his  bond  from  denying  that  he 
held  such  funds  as  treasurer  and  that  the  district  was  duly  incorporated.  State 
ex  rel.  v.  Dorton,  145  Mo.  304,  46  S.  W.  948. 

The  directors  cannot  issue  warrants  except  when  assembled  as  a  board.  Kane 
v.  Calhoun,  48  A.  408.  The  insertion  of  the  number  of  township  and  range  in  the 
bond  of  the  treasurer  of  town  or  city  school  district  is  surplusage,  and  does  not  in- 
validate such  bond.  State  ex  rel.  Delaney,  122  A.  239,  99  S.  W.  1. 

Sec.  11241.  Primary  and  high  schools  to  be  established 
and  sites  located. — When  the  demands  of  the  district  require 
more  than  one  public  school  building  therein,  the  board  shall, 
as  soon  as  sufficient  funds  have  been  provided  therefor,  establish 
an  adequate  number  of  primary  or  ward  schools,  corresponding 
in  grade  to  those  of  other  public  school  districts,  and  for  this  purpose 
the  board  shall  divide  the  school  district  into  school  wards  and 
fix  the  boundaries  thereof,  and  the  board  shall  select  and  pro- 
cure a  site  in  each  newly  formed  ward  and  erect  a  suitable 
school  building  thereon  and  furnish  the  same;  and  the  board 
may  also  establish  schools  of  a  higher  grade,  in  which  studies 
not  enumerated  in  section  11360  may  be  pursued;  and  whenever 
there  is  within  the  district  any  school  property  that  is  no  longer 
required  for  the  use  of  the  district,  the  board  is  hereby  author- 
ized to  advertise,  sell  and  convey  the  same,  and  the  proceeds 
derived  therefrom  shall  be  placed  to  the  credit  of  the  building 
fund  of  such  district.  (R.  S.  1919,  §  11241.) 

Schoolhouses. — Directors  cannot  move  a  schoolhouse  site  to  another  part  of 
district  without  submitting  the  matter  to  voters  of  the  district.  Buchanan  v. 
District,  25  A.  85.  Taxpayers  cannot  enjoin  collection  of  sdhool  taxes  because 
directors  failed  to  establish  and  maintain  ward  schools  as  the  law  requires,  nor  can 
they  in  such  suit  attack  the  corporate  existence  of  the  district.  Burnham  v.  Rogers 
167  Mo.  17,  66  S.  W.  970;  Black  v.  Early,  208  Mo.  281,  106  S.  W.  1014. 

Note. — Under  this  section,  as  amended  in  1909,  town  and  city  school  districts 
may  establish  more  than  one  high  school. 

See  cases  cited  under  Sec.  11238.  See,  also,  Martin  v.  Bennett,  139  A.  237, 
122  S.  W.  729. 

The  purpose  of  the  public  school  law  is  twofold,  to  wit:     To  establish  primary 
grade  schools  sufficient  to  meet  the  demands  of  all  children  of  the  district  of  that 


Revised  School  Laws.  85 

class,  and,  second,  after  these  primary  demands  have  been  met  and  satisfied  to 
establish  higher  grade  schools  within  the  limits  of  the  school  fund  provided  and 
available.  155  Mo.  571. 

Sec.  11242.  Town,  city  or  consolidated  school  districts- 
how  disorganized. — Any  town,  city  or  consolidated  school  dis- 
trict heretofore  organized  under  the  laws  of  this  state,  or  which 
may  be  hereafter  organized,  shall  be  privileged  to  disorganize 
or  abolish  such  organization  by  a  vote  of  the  resident  voters 
and  taxpayers  of  such  school  district,  first  giving  fifteen  days' 
notice,  which  notice  shall  be  signed  by  at  least  ten  qualified 
resident  voters  and  taxpayers  of  such  town,  city  or  consolidated 
school  district;  and  there  shall  be  five  notices  put  up  in  five 
public  places  in  said  school  district.  Such  notices  shall  recite 
therein  that  there  will  be  a  public  meeting  of  the  resident  voters 
and  taxpayers  of  said  school  district  at  the  schoolhouse  in  said 
school  district,  and  at  said  meeting,  if  two-thirds  of  the  resident 
voters  and  taxpayers  of  such  school  district  shall  vote  to  dis- 
solve any  such  town,  city  or  consolidated  school  district,  then 
from  and  after  that  date  the  said  town,  city  or  consolidated 
school  district  shall  be  dissolved,  and  the  same  territory  included 
in  said  school  district  may  be  organized  into  a  common  school 
district  under  article  III  of  this  chapter.  (R.  S.  1919,  §  11242.) 

A  town  or  city  school  district  lying  partly  in  two  counties  cannot  be  dis- 
solved or  divided  under  the  provisions  of  Sec.  11207.  State  ex  rel.  v.  Fry,  186  Mo. 
198. 

Sec.  11243.     Duties,  restrictions  and  liabilities  of  boards. 

The  board  of  education  of  any  town,  city  or  consolidated  school 
district  shall,  except  as  herein  provided,  perform  the  same  duties 
and  be  subject  to  the  same  restrictions  and  liabilities  as  the 
boards  of  other  school  districts  acting  under  the  general  school 
laws  of  the  state:  Provided,  however,  that  in  cities,  as  herein- 
after specified,  the  board  of  education  shall  have  power  to  estab- 
lish and  maintain  separate  libraries  and  public  parks  and  play 
grounds  for  the  use  of  white  and  colored  persons  in  such  school 
district  and  for  the  use  of  the  public  school  district  therein,  and 
to  appropriate  such  sums  as  they  may  deem  proper  for  the 
support  thereof,  not  to  exceed  in  any  one  year  two  thousand 
five  hundred  dollars  for  cities  of  twenty  thousand  and  under 
one  hundred  thousand  inhabitants,  and  not  to  exceed  five  hun- 
dred dollars  for  cities  of  five  thousand  and  under  twenty  thousand 
inhabitants,  and  not  to  exceed  two  hundred  and  fifty  dollars 
for  cities  of  one  thousand  and  under  five  thousand  inhabitants 
—the  population  to  be  determined  by  the  last  United  States 
or  municipal  census.  Such  board  of  education  is  hereby  author- 
ized: To  lease  or  purchase  grounds  additional  to  the  school- 
house  site,  either  adjacent  thereto  or  elsewhere  in  such  school 
district,  for  such  purposes  and  pursuant  to  the  laws  of  eminent 
domain,  now  or  hereafter  in  force  within  this  state,  to  condemn 
grounds  to  be  used  for  such  purposes  as  are  herein  expressed 
and  to  pay  for  such  grounds  so  leased,  purchased  or  condemned 


86  Revised  School  Laws. 

out  of  the  revenues  of  such  school  district  on  hand  and  provided 
for  such  purposes  under  the  Constitution  and  laws  of  said  state 
and  within  the  constitutional  limitations  and  restrictions  as  to 
taxation  within  such  school  districts.  To  permit  such  use  of 
said  public  parks  and  play  grounds  under  their  control  as  in 
their  judgment  may  be  deemed  best  for  the  interest  of  such 
school  district  pursuant  to  the  provisions  and  for  the  purposes 
designated  herein,  and  to  hold  said  parks  and  play  grounds  in 
trust  for  the  use  of  such  school  district  and  to  have  full  control 
and  custody  thereof,  including  the  policing  and  preservation  of 
order,  therein,  and  to  adopt  and  enforce  suitable  rules  and  regula- 
tions for  the  control  thereof  and  the  conduct  of  children  and 
other  persons  while  using  the  same,  subject  to  the  statutes  of 
the  state  of  Missouri  and  the  ordinances  of  the  city  included 
in  such  school  district  regulating  the  policing  and  preservation 
of  order  therein.  All  laws  and  parts  of  laws  in  conflict  with 
the  provisions  of  this  section  are  hereby  repealed.  (R.  S.  1919, 
§  11243.) 

Sec.  11244.  Corporate  seal — school  term. — The  board  shall 
keep  a  common  seal  with  which  to  attest  its  official  acts.  The 
board  shall  have  power  and  they  are  required  to  continue  the 
public  schools  in  their  respective  districts  for  a  period  of  not 
less  than  eight  nor  more  than  ten  months,  excepting  in  schools 
in  which  the  board  of  directors  desires  to  extend  such  term  for 
the  purpose  of  physical  training,  under  an  instructor,  for  which 
purpose  such  term  may  be  extended  to  not  more  than  eleven 
months,  when  the  effect  of  such  continuance  will  not  increase 
the  total  estimate  for  school  purposes  to  an  amount  exceeding 
forty  cents  on  the  hundred  dollars'  assessed  valuation  of  the 
taxable  property  of  the  district,  unless  duly  ordered  in  compliance 
with  the  provisions  of  section  11151,  fifteen  days'  notice  having 
been  given  that  such  increase  would  be  voted  upon.  (R.  S.  1919, 
§  11244.) 

Sec.  11245.  Bond  of  treasurer. — The  treasurer,  before 
entering  upon  the  discharge  of  his  duties  as  such,  shall  enter 
into  a  bond  to  the  state  of  Missouri,  with  two  or  more  sureties, 
to  be  approved  by  the  board,  conditioned  that  he  will  render 
a  faithful  and  just  account  of  all  money  that  may  come  into 
his  hands  as  such  treasurer,  and  otherwise  perform  the  duties 
of  his  office  according  to  law — said  bond  to  be  filed  with  the 
secretary  of  the  board;  and  thereafter  said  treasurer  shall  be 
the  custodian  of  all  school  moneys  derived  from  taxation  for 
school  purposes  in  said  district  until  paid  out  on  the  order  of  the 
board,  and  on  breach  of  the  conditions  of  said  bond,  the  secretary 
of  such  board,  or  any  freeholder,  may  cause  suit  to  be  brought 
thereon,  which  suit  shall  be  prosecuted  in.  the  name  of  the  state 
of  Missouri,  at  the  relation  and  to  the  use  of  the  proper  school 
district.  (R.  S.  1919,  §  11245.) 

Treasurer's  bond. — Suits  on  treasurer's  official. bond  are  barred  in  three  years 


Revised  School  Laws.  87 

under  the  provisions  of  Sec.  1318.     State  ex  rel.  v.  Harter,  188  Mo.  516,  87  S.  W. 
941. 

Sureties  on  treasurer's  bond  remain  liable  so  long  as  he  continues  to  hold  the 
office,  though  that  be  beyond  the  period  for  which  he  is  elected.  72  Mo:  648, 
48  A.  408. 

Sec.  11246.  Liability  of  treasurer  for  sinking  fund  and 
interest — compensation. — The  treasurer  of  the  board  shall  be 
the  custodian  of  all  moneys  collected  for  liquidating  any  bonded 
indebtedness  and  interest  on  the  same,  and  shall  be  responsible 
on, his  official  bond  for  the  safekeeping  and  proper  appliance  of 
such  sinking  fund  and  interest  as  may  be  by  him  received, 
and  also  for  any  loss  incurred  or  damage  resulting  from  his 
failure  to  burn  any  and  all  redeemed  bonds,  as  required  in  sec- 
tion 11131;  he  shall  promptly  pay  the  interest  on  bonds  when 
due,  and  pay  off,  cancel  and  burn  the  bonds  as  rapidly  as  possi- 
ble; and  he  shall  receive  as  full  compensation  for  his  services 
under  this  section  not  to  exceed  one  per  cent,  on  amount  by  him 
paid  out  in  the  redemption  of  bonds  and  payment  of  interest  on 
same.  (R.  S.  1919,  §  11246.) 

See  case  cited  under  Sec.  11245. 

Sec.  11247.  District  moneys  to  be  paid  to  treasurer. 
Whenever  any  state  or  county  school  money  apportioned  to 
any  town,  city  or  consolidated  school  district  shall  have  been 
paid  to  any  county  or  township  treasurer,  as  now  provided  by 
law,  the  same  shall,  on  the  application  of  the  treasurer  of  said 
town,  city  or  consolidated  school  district,  be  paid  over  to  him 
by  said  county  or  township  treasurer,  and  the  receipt  of  any 
such  school  district  treasurer  for  said  money  shall  be  a  lawful 
voucher  for  the  disposition  of  said  money  by  said  county  or 
township  treasurer,  and  be  accepted  as  such  by  the  county 
court  or  other  body  or  person  having  authority  by  law  to  make 
settlements  with  said  county  or  township  treasurer.  (R.  S. 
1919,  §  11247.) 

Sec.  11248.  Settlement  of  treasurer. — The  treasurer  of  the 
board  of  education  of  any  town,  city  or  consolidated  school 
district  shall,  annually,  between  the  first  and  fifteenth  of  July, 
settle  with  the  board  of  education,  and  account  to  said  board 
for  all  school  moneys  or  funds  received,  from  whom  and  on 
what  account,  and  the  amount  paid  out  for  school  purposes  iii 
such  town,  city  or  consolidated  school  district,  which  settlement, 
if  found  correct  by  said  board  of  education,  shall  be  approved 
by  said  board;  and  when  the  said  settlement  is  thus  approved, 
it  is  hereby  made  the  duty  of  said  treasurer  to  present  his  settle- 
ment to  the  clerk  of  the  county  court  of  said  county,  and  the 
said  clerk  shall  make  a  careful  examination  of  the  said  settle- 
ment, and,  if  found  correct,  he  shall  certify  the  same,  which  certifi- 
cate shall  be  prima  facie  a  discharge  of  such  liability  of  the 
treasurer  for  the  funds  expressed  in  the  vouchers;  and  at  the 
expiration  of  his  term  of  office  said  treasurer  shall  deliver  over 


88  Revised  School  Laws. 

to  his  successor  in  office  all  books  and  papers,  with  all  moneys 
or  other  property  in  his  hands,  and  also  all  orders  he  may 
have  redeemed  since  his  last  annual  settlement  with  the  board 
of  education  and  with  the  county  clerk,  and  take  the  duplicate 
receipts  of  his  successor  therefor,  one  of  which  he  shall  deposit 
with  the  secretary  of  said  board  of  education  and  the  other 
with,  the  clerk  of  said  county  court.  (R.  S.  1919,  §  11248.) 

See  case  cited  under  Sec.  11246. 

Sec.  11249.  Duties  of  county  clerk — how  paid. — The  clerk 
of  the  county  court  of  such  county  shall  perform  the  same 
duties  under  this  law,  not  herein  specified,  as  he  shall  be  required 
by  law  to  perform  in  relation  to  the  state  and  county  taxes  in 
said  county,  and  shall  receive  like  compensation  therefor,  the 
same  to  be  paid  by  the  county  treasurer  upon  warrant  issued 
by  the  county  court.  (R.  S.  1919,  §  11249.) 

Sec.  11250.  Duties  of  collectors. — The  county  or  town-, 
ship  collector  shall  pay  over  to  the  treasurer  of  said  board  of 
education  all  moneys  received  and  collected  by  him  to  which 
said  board  is  entitled  at  least  once  in  every  month;  and  upon 
such  payment  he  shall  take  duplicate  receipts  from  said  treasurer, 
one  of  which  he  shall  file  with  the  secretary  of  said  board  of 
education,  and  the  other  shall  be  filed  in  his  settlement  with 
the  county  court.  (R.  S.  1919,  §  11250.) 

Sec.  11251.  Regulations  governing  elections  at  annual  meet- 
ings.— The  qualified  voters  of  such  town,  city  or  consolidated 
school  district  shall  vote  by  ballot  upon  all  questions  provided 
by  law  for  submission  at  the  annual  school  meetings,  and  such 
election  shall  be  held  on  the  first  Tuesday  in  April  of  each  year, 
and  at  such  convenient  place  within  the  district  as  the  board 
may  designate,  beginning  at  7  o'clock  a.  m.  and  closing  at  6 
o'clock  p.  m.  of  said  day.  The  board  shall  appoint  three  judges 
of  election,  and  said  judges  shall  appoint  two  clerks;  said  judges 
'and  clerks  shall  be  sworn  and  the  election  otherwise  conducted  in 
the  same  manner  as  the  elections  for  state  and  county  officers  and 
the  result  thereof  certified  by  the  judges  and  clerks  to  the  secre- 
tary of  the  board  of  education,  who  shall  record  the  same,  and,  by 
order  of  said  board,  shall  issue  certificates  o£  election  to  the  per- 
sons entitled  thereto;  and  the  results  of  all  other  propositions 
submitted  must  be  reported  to  the  secretary  of  the  board,  and  by 
him  duly  entered  upon  the  district  records.  All  propositions  sub- 
mitted at  said  annual  meeting  may  be  voted  for  upon  one  and  the 
same  ballot,  and  necessary  poll  books  shall  be  made  out  and 
furnished  by  the  secretary  of  the  board:  Provided,  that  in  all 
cities  and  towns  having  a  population  exceeding  two  thousand  and 
not  exceeding  one  hundred  thousand  inhabitants,  said  elections 
shall  be  held  at  the  same  time  and  places  as  the  election  for 
municipal  officers,  and  the  judges  and  clerks  of  such  municipal 
election  shall  act  as  judges  and  clerks  of  said  school  election,  but 


Revised  School  Laws.  89 

the  ballots  for  said  school  election  shall  be  upon  separate  pieces 
of  paper  and  deposited  in  a  separate  ballot  box  kept  for  that 
purpose.  Should  such  school  district  embrace  territory  not 
included  in  the  limits  of  such  city  or  town,  the  qualified  voters 
thereof  may  vote  at  such  voting  precinct  as  they  would  be 
attached  to,  provided  the  ward  lines  thereof  were  extended  and 
produced  through  such  adjoining  territory:  Provided,  that  if 
there  shall  be  any  other  incorporated  city  or  town  included  in 
such  school  district,  there  shall  be  at  least  one  polling  place 
within  such  other  incorporated  city  or  town  and  said  school 
election  shall  be  conducted  within  the  limits  of  such  other  in- 
corporated city  or  town  in  the  same  manner  as  hereinbefore 
provided  for  cities  or  towns  having  a  population  exceeding  2,000 
and  not  exceeding  100,000  inhabitants.  All  school  districts  in 
cities,  towns  and  villages  in  this  state  which  are  now  or  which 
may  hereafter  be  under  special  charter  shall  hereafter  hold  their 
annual  school  elections  on  the  first  Tuesday  in  April,  and  the 
members  of  the  boards  of  education  now  serving  in  such  districts 
shall  continue  to  serve  until  the  first  Tuesday  in  April  next 
following  the  expiration  of  the  terms  for  which  they  were  elected 
or  appointed,  and  until  their  successors  are  elected  and  qualified. 
(R.  S.  1919,  §  11251.) 

Board  may  correct  its  record  by  a  nunc  pro  tune  order  so  as  to  show  the 
designation  of  the  place  where  an  election  to  vote  bonds  was  to  be  held,  if,  in  fact, 
such  order  had  been  made.  State  ex  rel.  v.  Hackmann,  209  S.  W.  92. 

Sec.  11252.  Annexation  to  town  and  city  districts. — When- 
ever an  entire  school  district,  or  a  part  of  a  district  adjoining  any 
city,  town  or  village  school  district,  desires  to  be  attached  thereto 
for  school  purposes,  upon  the  reception  of  a  petition  setting  forth 
such  fact  and  signed  by  ten  qualified  voters  of  such  district,  the 
board  of  directors  thereof  shall  order  a  special  meeting  for  said 
purpose  by  giving  notice  as  required  by  section  11209.  Should 
a  majority  of  the  votes  cast  favor  such  annexation,  the  secre- 
tary shall  certify  the  fact,  with  a  copy  of  the  record,  to  the 
board  of  said  district  and  to  the  board  of  said  city,  town  or 
village  school  district;  whereupon  the  board  of  such  city,  town  or 
village  district  shall  meet  to  consider  the  advisability  of  receiving 
such  territory,  and  should  a  majority  of  all  the  members  of  said 
board  favor  such  annexation,  the  boundary  lines  of  such  city  or 
town  school  district  shall  from  that  date  be  changed  so  as  to  in- 
clude said  territory,  and  said  board  shall  immediately  notify  the 
clerk  of  said  district  which  has  been  annexed,  in  whole  or  in  part, 
of  its  action.  In  case  an  entire  district  is  thus  annexed,  all 
property  and  money  on  hand  thereto  belonging  shall  immediately 
pass  into  the  possession  of  the  board  of  said  city  or  town  school 
district;  but  should  only  a  part  of  a  district  be  annexed  thereto, 
said  part  shall  relinquish  all  claim  and  title  to  any  part  of  the 
school  property  and  money  on  hand  belonging  to  said  original 
district,  and  that  portion  of  the  district  remaining  must  contain 
within  its  limits  thirty  children  and  thirty  thousand  dollars  as- 


90  Revised  School  Laws. 

sessed  valuation,  or  thirty  children  and  nine  square  miles  of  terri- 
tory. The  voting  at  said  special  school  meeting  shall  be  by  ballot, 
as  provided  for  in  section  1 1237, and  the  ballots  shall  be  "for  annex- 
ation" and  "against  annexation,"  when  the  whole  district  is  to  be 
annexed,  but  if  only  a  part  is  to  be  annexed,  the  ballot  shall  read 
"for  release"  and  "against  release."  (R.  S.  1919,  §  11252.) 

Section  construed. — This  section  does  not  apply  to  cities  having  50,000  and 
less  than  300,000  inhabitants.  School  District  v.  District,  184  Mo.  140,  82  S.  W. 
1082.  This  section  is  constitutional.  Sharp  v.  Miller,  65  Mo.  50.  Before  a  vote 
can  be  taken  to  annex  all  or  part  of  a  common  school  district  to  a  town  or  city  dis- 
trict, the  directors  of  such  common  school  district  must  meet  and  order  such  elec- 
tion, and  unless  the  clerk's  record  shows  such  election  was  so  ordered,  the  annexa- 
tion is  void.  State  ex  rel.  v.  Lockett,  54  A.  202. 

Board  of  special  school  district,  power  to  extend  limits.      65  Mo.  50.      How 
right  of  annexation  may  be  exercised.      68  A.  397- 

Sec.  11253.  Change  of  boundary  lines  and  division  of  prop- 
erty.— All  the  provisions  of  section  11201,  relating  to  the  changes 
of  boundary  lines  of  common  school  districts,  and  all  the  pro- 
visions of  sections  11204  and  11205,  relating  to  the  division  of 
property  between  common  school  districts,  shall  apply  to  town, 
city  and  consolidated  districts.  (R.  S.  1919,  §  11253.) 

Tiiis  section  does  not  provide  a  way  of  dividing  city,  town  or  consolidated 
districts,  nor  do  any  other  sections  of  the  statutes  provide  a  direct  way  of  doing 
so.  State  ex  inf.  v.  Sweaney,  270  Mo.  685,  195  S.  W.  714. 

Sec.  11254.  Annexation  to  school  district  when  corporate 
limits  are  extended. — Whenever,  by  reason  of  the  limits  of  any 
city,  town  or  village  being  extended,  a  portion  of  the  territory  of 
any  school  district  adjacent  thereto  has  been  incorporated  in  the 
town  or  city  school  districts,  the  inhabitants  of  such  remaining 
parts  of  districts  shall  have  the  right  to  be  annexed  to  such  town 
or  city  school  district:  Provided,  that  when  such  part  of  a  school 
district  desires  to  be  so  annexed,  an  election  shall  be  held  at  a 
special  meeting,  as  provided  in  section  11250,  and  should  a  ma- 
jority of  the  votes  cast  favor  annexation,  the  secretary  shall 
certify  the  fact,  with  a  copy  of  the  record,  to  the  board  of  said 
district  and  to  the  board  of  said  town  or  city  school  district; 
whereupon  the  board  of  such  town  or  city  school  district  shall 
meet  and  confirm  such  annexation  by  a  proper  resolution  of 
record;  and  provided,  that  when  such  part  of  a  school  district 
has  no  organization,  any  ten  qualified  voters  may  call  a  meeting 
of  the  district  and  proceed  as  provided  in  the  foregoing  section; 
and  the  secretary  of  such  meeting  shall  certify,  if  the  majority 
vote  for  annexation,  to  the  board  of  directors  of  the  town  or  city 
school  district,  and  the  same  action  shall  be  taken  as  provided 
above.  The  remaining  portion  of  such  district  shall  be  entitled 
to  be  attached  to  said  town  or  city  school  district:  Pro- 
vided, that  the  school  population  of  said  adjoining  district 
has  been  reduced  to  a  smaller  number  than  that  required  by  law, 
or  the  territory  has  been  reduced  to  less  than  nine  square  miles; 
and  whenever  such  adjoining  fractional  district  shall  desire  to  be 


Revised  School  Laws.  91 

so  annexed,  a  petition  or  memorial  shall  be  presented  to  the 
town  or1  city  school  district,  informing  the  board  of  directors  of 
the  same  of  their  desire  to  be  annexed,  and  giving  the  boundary 
of  the  fractional  district  desired  to  be  annexed,  the  number  of 
inhabitants  in  the  same,  and  the  number  of  children  of  school 
age;  whereupon  the  board  of  education  of  such  town  or  city 
school  district  shall  take  such  action  for  the  incorporation  of  such 
adjoining  territory  as  is  required  to  be  taken  when  territory  has 
been  annexed,  as  provided  in  section  11250:  Provided,  however, 
that  where  a  portion  of  one  or  more  school  districts  adjacent  to 
such  town  or  city  school  district,  and  adjacent  to  each  other,  have 
been,  by  reason  of  the  extension  of  the  limits  of  such  city,  de- 
prived of  the  necessary  school  population  or  territory  to  enable 
them  to  maintain  their  school  district  organization,  they  shall 
have  a  right  to  elect,  first,  to  become  a  part  of  said  town  or  city 
school  district;  or,  second,  to  continue  as  a  separate  school 
district;  and  for  the  purpose  of  such  election,  the  qualified 
voters  of  such  districts  shall  call  a  special  meeting  and  proceed 
to  vote  on  such  proposition,  as  provided  in  section  11250;  and 
provided,  if  the  said  fractional,  part  of  a  district  has  no  board  of 
directors  remaining,  a  majority  of  the  qualified  voters  of  said 
fraction  of  a  district  may  call  such  special  meeting,  and  if  a  ma- 
jority of  the  qualified  voters  present  and  voting  at  said  meeting 
vote  favorable  to  either  of  said  propositions,  a  certified  copy  of 
the  proceedings  of  such  meeting  shall  be  delivered  to  the  board  of 
directors  of  the  school  district  to  which  they  vote  to  be  attached, 
and  such  board  of  directors  shall  take  such  steps  as  necessary  and 
lawful  to  perfect'  the  annexation  as  decided  by  said  election. 
(R.  S.  1919,  §  11254.) 

See  Laws  1917,  P.   510. 

This  section  has  no  application  to  school  district  containing  a  city  of  50,000 
to  300,000  inhabitants.  School  District  v.  District,  184  Mo.  140,  182  S.  W.  1082. 
This  act  of  April  11,  1895,  is  applicable  to  the  extension  of  the  city  limits  made 
prior  to  said  date,  and  a  portion  of  a  school  district  lying  adjacent  to  such  city 
district  ipso  facto  became  a  part  of  the  city  district;  the  act  is  not  retrospective 
in  the  constitutional  sense,  and  the  remaining  portion  of  the  adjoining  district 
not  so  annexed  by  said  act  is  entitled  to  be  annexed. 

The  right  of  annexation  may  be  exercised  as  follows: 

(1)  When  the  fractional  district  has  an  organization  and    the  territory  and 
the,  school  population  required  by  law. 

(2)  When  such  district  has  no  organization,  but  has  the  territory  and   school 
population  required  by  law. 

(3)  When  it  has  an  organization  and  school  population,  but  not  the  territory 
required  by  law. 

(4)  When  it  has  the  territory,  but  not  the  organization,  nor  the   population 
required  by  law.      68  A.  397. 

Sec.  11255.  Consolidated  districts — how  formed. — Three 
or  more  common  school  districts,  or  a  village  district  having  less 
than  two  hundred  children  of  school  age  by  last  enumeration,  to- 
gether with  two  or  more  adjoining  districts,  may  be  consolidated 
into  a  new  district  for  the  purpose  of  maintaining  both  primary 
schools  and  a  high  school  by  proceedings  had  in  accordance  with 


92  Revised  School  Laws. 

the  provisions  of  section   11201.     When  such  new  district  is 

formed  it  shall  be  known  as  "Consolidated  district  No 

of county,"  and 

shall  organize  at  a  special  meeting  within  fifteen  days  after  the 
formation  thereof;  such  organization  and  the  government  of  such 
consolidated  district  shall  be  under  and  in  compliance  with  the 
laws  governing  town  and  city  school  districts  as  provided  in 
article  IV  of  this  chapter.  (R.  S.  1919,  §  11255.) 

Note. — The  law  does  not  contemplate  that  consolidated  districts  be  num- 
bered in  same  manner  provided  for  numbering  common  school  districts  in  Sec. 
11197,  but  when  a  new  consolidated  district  is  formed,  it  should  not  be  given  the 
same  name  or  number  as  another  consolidated  district  already  in  existence. 

Sec.  11256.  High  school  for  colored  children— establish- 
ment of — how,  when  and  where. — All  school  districts  in  counties 
of  this  state  which  now  have  or  may  hereafter  have  a  population 
of  more  than  one  hundred  thousand  inhabitants  and  which  now 
or  may  hereafter  adjoin  a  city  having  a  population  of  five  hundred 
thousand  inhabitants  or  more,  maintaining  high  schools  for  the 
white  children,  for  the  sole  purpose  of  giving  to  the  colored 
children  in  such  counties  equal  hi^h  school  facilities  with  the 
white  children,  are  hereby  created  a  colored  consolidated  'high 
school  district,  and  shall  be  known  as  the  colored  consolidated 

high  school  district  of — county,   and  shall  by  such 

name  have  the  power  to  sue  and  be  sued,  and  have  the  same 
powers  and  authority,  and  be  governed  by  laws  now  or  hereafter 
governing  city  and  town  school  districts,  and  the  directors  of  the 
school  districts  comprising  such  colored  consolidated  high  school 
district  shall  constitute  the  directors  of  such  colored  consolidated 
high  school  district.  Each  district  constituting  said  colored  high 
school  district  shall  have  one  vote  at  the  meeting  of  the  directors 
of  such  colored  consolidated  high  school  district  the  directors 
attending  being  entitled  to  cast  the  vote  of  their  district,  and  a 
majority  vote  of  the  directors  in  attendance  from  each  district 
shall  determine  the  vote  of  such  district.  A  quorum  shall  be 
deemed  present  when  a  majority  of  the.  districts  are  represented. 
Such  directors  shall  meet  pursuant  to  call  for  meeting  issued  by 
the  county  school  superintendent  and  organize  by  the  election 
of  a  president,  vice-president,  secretary  and  treasurer.  The 
president  shall  vote  only  in  case  of  a  tie,  but  he  shall  decide  'all 
tie  votes.  Such  high  school  shall  be  located  in  the  school  dis- 
trict in  which  is  located  the  county  seat,  and  the  directors  of  said 
colored  consolidated  high  school  district  shall  provide  for  school 
site,  erection  of  school  buildings,  furnishing  same,  providing 
teachers  and  incidental  expense  in  the  same  manner  as  is  now 
provided  by  law  for  city  or  town  school  districts:  Provided, 
however,  that  special  elections  to  authorize  the  issuance  of  bonds 
to  provide  necessary  site,  buildings  and  furnishing  same  may  be 
called  by  the  board  of  directors  of  said  colored  consolidated  school 
districts  on  its  own  motion,  and  a  special  election  shall  be  called  by 
the  directors  of  such  colored  consolidated  high  school  district  on 


Revised  School  Laws.  93 

petition  presented  to  them  signed  by  twenty-five  or  more  citizens 
residing  in  such  colored  consolidated  high  school  district.  At  such 
special  election  there  shall  be  one  polling  place  in  each  school 
district  comprising,  said  colored  consolidated  high  school  district, 
which  shall  be  at  the  high  school  building  in  such  disrtict,  the 
polls  shall  be  open  from  7  o'clock  a.  m.  to  6  o'clock  p.  m.,  and  the 
board  of  directors  of  such  colored  condsolidated  high  school  dis- 
trict shall  appoint  three  judges  and  two  clerks  for  each  polling 
place,  and  it  shall  require  the  favorable  vote  of  two-thirds,  or 
more,  of  those  voting  at  said  special  election  in  said  colored  con- 
solidated high  school  district  to  authorize  the  issuance  of  said 
bonds;  the  ballot  shall  be  in  the  following  form,  towit: 

Colored    consolidated    high    school    district    of county, 

Proposition  to  issue  bonds  in  the  sum  of  9 —     for  the  purpose  of 

For  the  loan 

Against  the  loan 

Scratch  the  one  you  do  not  wish  to  vote. 

Otherwise  than  as  herein  provided  the  colored  consolidated  high 
school  district  shall  be  governed  by  laws  now  or  hereafter  appli- 
cable to  city  or  town  school  districts.  (R.  S.  1919,  §  11256.) 

Sec.  11257.  Consolidated  district  for  elementary  and  high 
school  may  be  formed. — The  qualified  voters  of  any  community 
in  Missouri  may  organize  a  consolidated  school  district  for  the 
purpose  of  maintaining  both  elementary  schools  and  high 
school  as  hereafter  provided.  When  such  new  district  is  formed 

it  shall  be  known  as  consolidated  district  No of 

county,  and  all  the  laws  applicable  to  the  or- 
ganization and  government  of  town  and  city  school  districts  as 
provided  in  article  IV,  chapter  102  of  the  Revised  Statutes  of 
Missouri,  1919,  shall  be  applicable  to  districts  organized  under 
the  provisions  of  this  article.  (R.  S.  1919,  §  11257.) 

The  consolidated  school  district  law  has  been  upheld  as  constitutional  in 
the  case  of  State  ex  inf.  v.  Morgan,  268  Mo.  265,  187  S.  W.  54;  also,  in  State  ex 
rel.  Richert  v.  Stouffe.  197  S.  W.  248. 

Sec.  11258.     Consolidated  district — area  and  enumeration 

of. — No  consolidated  district  shall  be  formed  under  the  provi- 
sions of  this  article  unless  it  contains  an  area  of  at  least  twelve 
square  miles  or  has  an  enumeration  of  at  least  two  hundred  chil- 
dren of  school  age;  Provided,  that  no  district  formed  under  the 
provisions  of  this  article  shall  include  within  its  territory  any 
town  or  city  district  that  at  the  time  of  the  formation  of  said 
consolidated  district  has  by  the  last  enumeration  two  hundred 
children  of  school  age.  (R.  S.  1919,  §  11258.) 

Provision  as  to  12  square  miles  and  200  children  of  school  age  held  juris- 
dictional.  State  on  inf.  Simrall  v.  Clardy,  267  Mo.  371,  185  S.  W.  184. 

Sec.  11259.  Petition  to  form  consolidated  district  filed 
with  whom — duties  of  county  school  superintendent — meeting- 
organization  of. — When  the  residents  of  any  community  desire 
to  form  a  consolidated  district,  a  petition  signed  by  at  least 


94  Revised  School  Laws. 

twenty-five  qualified  voters  of  said  community  shall  be  filed  with 
the  county  superintendent  of  public  schools.  On  receipt  of  said 
petition,  it  shall  be  the  duty  of  the  county  superintendent  to 
visit  said  community  and  investigate  the  needs  of  the  commu- 
nity and  determine  the  exact  boundaries  of  the  proposed  consoli- 
dated district.  In  determining  these  boundaries,  he  shall  so 
locate  the  boundary  lines  as  will  in  his  judgment  form  the  best 
possible  consolidated  district,  having  due  regard  also  to  the  wel- 
fare of  adjoining  districts.  The  county  superintendent  of  schools 
shall  call  a  special  meeting  of  all  the  qualified  voters  of  the  pro- 
posed consolidated  district  for  considering  the  question  of  con- 
solidation. He  shall  make  this  call  by  posting  within  the  pro- 
posed district  ten  notices  in  public  places,  stating  the  place,  time 
and  purpose  of  such  meeting.  At  least  fifteen  days'  notice  shall 
be  given  and  the  meeting  shall  commence  at  2  o'clock  p.  m.  on 
the  date  set.  The  county  superintendent  shall  also  post  within 
said  proposed  district  five  plats  of  the  proposed  consolidated 
district  at  least  fifteen  days  prior  to  the  date  of  the  special  meet- 
ing. The  plats  and  notices  shall  be  posted  within  thirty  days 
after  the  filing  of  the  petition.  The  county  superintendent 
shall  file  a  copy  of  the  petition  and  of  the  plat  with  the  county 
clerk  and  shall  send  or  take  one  plat  to  the  special  meeting.  The 
special  meeting  shall  be  called  to  order  by  the  county  superintend- 
ent of  schools  or  some  one  deputized  by  him  to  call  said  meeting 
to  order.  The  meeting  shall  then  elect  a  chairman  and  a  secre- 
tary and  proceed  in  accordance  with  section  11237,  Revised 
Statutes  of  Missouri,  1919.  The  proceedings  of  this  meeting 
shall  be  certified  by  the  chairman  and  the  secretary  to  the  county 
clerk  or  clerks  and  also  to  the  county  superintendent  of  schools 
of  all  the  counties  affected.  If  the  proposed  consolidated  dis- 
trict includes  territory  lying  in  two  or  more  counties,  the  petition 
herein  provided  for  shall  be  filed  with  the  county  superintendent 
of  that  county  in  which  the  majority  of  the  petitioners  reside. 
The  county  superintendent  shall  proceed  as  above  set  forth  and 
in  addition  shall  file  a  copy  of  the  petition  and  of  the  plat  with 
the  county  clerk  of  each  county  from  which  territory  is  proposed 
to  be  taken:  Provided,  that  all  plats  and  notices  posted  as  re- 
quired in  this  section  shall  not  be  filed  or  posted  unless  approved 
and  signed  by  the  county  superintendent  of  all  counties  in 
which  any  part  of  such  proposed  district  shall  lie.  Provided 
jurther,  that  should  any  county  superintendent  fail  or  refuse  to 
sign  all  plats  and  notices  as  required  in  this  section,  the  case  may 
be  appealed  to  the  state  superintendent  by  any  other  county 
superintendent  interested  and  the  decision  of  the  state  superin- 
tendent shall  be  final.  (R.  S.  1919,  §  11259,  amended  Laws, 
1921,  H.  B.  643.) 

The  statute  does  not  require  that  the  petition  shall  absolutely  fix  the  bound- 
aries; the  county  superintendent  may  include  within  the  consolidated  district 
parts  of  existing  districts  not  named  in  the  petition.  State  ex  rel.  Carnahan  v. 
Jones,  266  Mo.  191,  181  S.  W.  50. 


Revised  School  Laws.  95 

This  statute  is  not  to  be  strictly  construed.  A  certificate  as  to  the  result 
of  a  school  meeting  held  for  the  purpose  of  consolidating  districts,  was  held  suf- 
ficient, though  the  word  "certify"  was  not  used.  Id. 

The  notice  required  under  this  law  may  be  posted  by  a  third  person  under 
the  direction  of  the  county  superintendent.  Section  construed.  State  ex  rel. 
School  District  v.  Cloud,  192  A.  322,  180  S.  W.  26. 

Consolidated  districts  are  authorized  to  issue  bonds  the  same  as  other  dis- 
tricts under  Sec.  11127,  R.  S.  1919.  State  ex  rel.  Clark  v.  Gordon,  261  Mo.  631, 
170  S.  W.  892. 

The  term  "determining"  means  the  superintendent  shall  locate  and  decide 
where  the  boundaries  shall  be."  State  ex  rel.  School  District  v.  Wright,  270  Mo. 
376.  194  S.  W.  35. 

As  to  what  is  a  sufficient  plat  within  the  meaning  of  this  section,  see  State 
ex  rel.  v.  Wright,  270  Mo.  376,  194  S.  W.  35. 

The  question  of  compliance  with  the  terms  of  this  section  as  to  visiting  and 
determining  the  needs  of  a  district  is  a  matter  solely  for  the  judgment  of  the  super- 
intendent. State  ex  rel.  v.  Stouffe,  197  S.  W.  248. 

To  validate  the  election  notices  and  plats  must  be  prepared  and  posted  as 
required  by  this  section.  State  ex  inf.  Barker  v.  Smith,  271  Mo.  168,  196  S.  W.  17. 

Petition  and  certificate,  although  not  shown  to  have  been  recorded,  held  com- 
petent if  marked  "filed"  and  produced  by  the  superintendent.  Law  construed. 
State  ex  rel.  Hilbert  v.  Glaves,  268  Mo.  100,  186  S.  W.  685. 

Organization  of  a  consolidated  district  was  not  valid  where  the  plats  posted 
were  not  authenticated  or  uniform  and  did  not  sufficiently  show  the  numbers  of 
the  land  included.  State  ex  rel.  Consl.  District,  Shelby  Co.,  v.  Curtright,  205 
S.  W.  248. 

It  is  not  necessary  that  the  county  superintendent  shall  personally  post 
notices  and  plats.  It  is  sufficient  if  they  were  posted  by  another  acting  at  the 
instance  and  under  the  direction  of  the  superintendent. 

As  a  precautionary  practice  the  filing  of  a  copy  of  the  petition  and  of  the  plat 
in  the  office  of  the  county  clerk  before  the  election  is  commended..  192  A.  322. 

Sec.  11260.  Transportation — may  be  voted  on. — The  ques- 
tion of  transportation  of  pupils  may  be  voted  upon  at  the  special 
meeting  above  provided  for,  if  notice  is  given  that  such  a  vote 
will  be  taken.  If  transportation  is  not  provided  for  in  any 
school  district  formed  under  the  provisions  of  this  article,  it  shall 
then  be  the  duty  of  the  board  of  directors  to  maintain  an  elemen- 
tary school  within  two  and  one-half  miles  by  the  -nearest 
traveled  road  of  the  home  of  every  child  of  school  age  within 
said  school  district:  Provided,  transportation  of  pupils,  or  the 
maintenance  of  elementary  schools  within  two  miles  and  a  half 
of  each  child  of  school  age  in  the  district,  shall  not  be  required  in 
consolidated  districts  now  or  hereafter  organized  under  the  provi- 
sions of  this  article  where  such  consolidation  has  not  placed  said 
children  further  from  an  elementary  school  than  they  were  prior 
to  said  consolidation:  Provided  further,  that  when  the  average 
attendance  in  any  elementary  school  for  any  month  falls  below 
ten,  the  school  board  shall  have  authority  to  close  such  elemen- 
tary school  for  the  remainder  of  the  term  and  provide  transporta- 
tion for  the  pupils  of  such  elementary  school  to  some  other 
elementary  school  or  schools  in  said  district.  Such  trans- 
portation shall  be  paid  for  out  of  the  incidental  funds  of  the 
district:  Provided  further,  that  if  transportation  is  not  provided 
for,  any  consolidated  district  may  by  a  majority  vote  at  any 
annual  or  special  meeting  decide  to  have  all  the  seventh  and 


96  Revised  School  Laws. 

eighth  grade  work  done  at  the  central  high  school  building, 
provided  fifteen  days'  notice  has  been  given  that  such  vote  will 
be  taken.  Such  seventh  and  eighth  grade  work  at  the  central 
high  school  may  be  discontinued  at  any  time  by  a  majority  vote 
taken  at  any  annual  or  special  meeting.  (R.  S.  1919,  §  11260.) 

Provision  as  to  location  of  schoolhouse  within  2  }4  miles  when  no  transporta- 
tion has  been  provided  to  be  liberally  construed.  State  ex  rel.  Jungrneyer  v. 
Hunter  et  al.,  200  S.  W.  300. 

After  a  favorable  election  under  this  section,  all  pupils  living  more  than  2  % 
miles  from  the  schoolhouse,  must  be  transported.  State  ex  rel.  Gastineau  v.  Smith, 
196  S.  W.  115. 

It  requires  that  two-thirds  ( |)  of  the  voters  who  are  taxpayers  voting  at  the 
election  vote  in  favor  of  transportation  in  order  to  authorize  the  board  of  directors 
to  provide  transportation. 

Sec.  11261.  Parts  of  districts  remaining  after  consolida- 
tion— procedure. — Whenever  by  reason  of  the  formation  of  any 
consolidated  school  district  a  portion  of  the  territory  of  any  school 
district  has  been  incorporated  in  the  consolidated  district,  the 
inhabitants  of  the  remaining  parts  of  the  districts  shall  proceed 
in  accordance  with  section  11254,  providing  for  the  annexation 
to  city  school  districts  and  the  consolidated  district  shall  be 
governed  by  the  same  provisions  as  govern  city  school  districts 
in  such  cases.  The  inhabitants  of  the  remaining  parts  of  the 
districts  may  also  annex  themselves  to  any  other  adjoining  dis- 
trict or  districts  by  filing  a  petition  asking  to  be  so  annexed  with 
the  clerk  or  clerks  of  the  district  or  districts  to  which  they  desire 
to  be  annexed  and  by  also  filing  a  copy  of  all  such  petitions  with 
the  clerk  of  the  county  court:  Provided,  that  in  the  formation 
of  any  consolidated  school  district,  as  provided  in  this  article  no 
district  shall  be  divided  unless  the  part  left  shall  contain  at  least 
eight  square  miles  of  territory  and  twenty  children  of  school  age, 
or  an  assessed  valuation  of  fifty  thousand  dollars  and  twenty 
children  of  school  age.  (R.  S.  1919,  §  11261.) 

Sec.  11262.  Settlement  of  property — original  districts  to  con- 
tinue— how  long. — Whenever  any  consolidated  district  is  or- 
ganized under  the  provisions  of  this  article,  the  orginal  districts 
shall  continue  until  June  30th,  following  the  organization  of 
said  consolidated  district,  and  at  that  time  all  the  property, 
money  on  hand,  books  and  papers  of  the  school  districts  whose 
schoolhouse  sites  are  included  within  said  consolidated  district 
shall  by  the  officers  of  aforesaid  districts  be  turned  over  to  the 
board  of  directors  of  the  consolidated  district,  and  also  all  bonds 
outstanding  against  the  aforesaid  districts  shall  become  debts 
against  the  consolidated  district.  The  division  of  property  and 
money  on  hand  in  case  school  districts  are  divided  by  the  for- 
mation of  any  consolidated  district  shall  be  governed  by  sections 
11204  and  11205.  (R.  S.  1919,  §  11262.) 

A  school  board  of  a  consolidated  district,  in  view  of  Sec.  11241,  has  power 
to  select  and  acquire  a  site  for  a  high  school.  Young  v.  School  District,  196  A. 
419,  193  S.  W.  627. 


Revised  School  Laws.  97 

This  section  provides  that  the  boards  of  directors  of  the  original  districts  shall 
continue  until  June  30th  following  the  formation  of  the  consolidated  school  district. 
Such  boards  of  directors  continue  only  for  the  purpose  of  completing  the  business 
already  begun  in  the  original  districts.  They  have  no  power  to  make  any  con- 
tracts extending  beyond  June  30th. 

At  any  time  after  its  organization,  the  board  of  directors  of  the  consolidated 
district  has  power  to  call  a  meeting  for  the  purpose  of  voting  bonds  for  the  erection 
of  a  centra]  school  building  or  other  needed  buildings. 

In  the  event  a  consolidated  district  is  organized  between  the  date  of  the  annual 
school  meeting  and  June  30th,  the  board  of  directors  of  the  consolidated  district 
must  on  June  30th  assume  all  the  contracts  made  by  the  boards  of  the  original 
districts  prior  to  the  organization  of  the  consolidated  district.  Only  such  contracts 
as  are  in  writing  should  be  assumed.  Copies  of  all  such  contracts  must  be  delivered 
by  the  boards  of  directors  of  the  original  districts  to  the  board  of  directors  of  the 
consolidated  district. 

Sec.  11263.  State  aid — whe.n  granted — how. — Whenever  a 
district  organized  under  the  provisions  of  this  article  has  secured  a 
site  of  not  less  than  five  acres  for  the  central  high  school  building 
of  said  district  and  has  erected  thereon  a  school  building,  suitable 
for  a  central  school  and  containing  one  large  assembly  room  for 
the  meeting  of  the  citizens  of  the  district  and  has  installed  a 
modern  system  of  heating  and  ventilating,  the  state  shall  pay 
one-fourth  of  the  cost  of  said  building  and  equipment,  provided 
the  amount  thus  paid  by  the  state  shall  not  exceed  two  thousand 
dollars  ($2,000.00)  for  any  one  district.  The  state  of  Missouri 
shall,  out  of  the  general  revenue  fund  of  the  state,  make  adequate 
appropriation  for  carrying  out  the  provisions  of  this  section  and 
the  money  due  any  district  shall  be  remitted  by  the  auditor  to 
the  county  treasurer  of  the  proper  county  on  receipt  of  a  cer- 
tificate from  the  state  superintendent  of  public  schools  stating 
that  the  conditions  herein  prescribed  have  been  complied  with. 
(R.  S.  1919,  §  11263.) 

Sec.  11264.  Special  state  aid  granted,  when — how. — When 
a  consolidated  district  has  been  organized  as  herein  provided 
and  has  provided  adequate  buildings  for  school  purposes,  the 
state  shall  grant  a  special  aid  of  twenty-five  dollars  ($25.00) 
per  year  for  each  square  mile  or  fraction  thereof  in  area  of  said 
district:  Provided,  the  district  maintains  an  approved  high 
school  of  at  least  the  third  class  and  gives  an  approved  course  of 
at  least  one  year  in  agriculture;  and  provided  further,  that  no  dis- 
trict shall  receive  more  than  eight  hundred  dollars  per  year  under 
the  provisions  of  this  section  for  the  maintenance  of  such  high 
school.  The  state  of  Missouri  shall,  out  of  the  general  revenue 
fund  of  the  state,  make  adequate  appropriation  for  carrying  out 
the  provisions  of  this  section.  The  money  herein  provided  shall 
become  due  on  June  30th  of  each  year  and  the  district  clerk  shall 
on  or  before  June  30th  make  application  to  the  county  clerk  for 
the  aid  due  his  district,  and  the  county  clerk  shall  certify  these 
applications  to  the  state  superintendent  of  public  schools,  who 
shall  approve  them  and  certify  to  the  state  auditor  the  amount 
due  each  district  under  the  provisions  of  this  article.  The  state 


98  Revised  School  Laws. 

auditor  shall  draw  his  warrant  on  the  state  treasurer  for  the  said 
amount  and  remit  to  the  treasurer  of  the  proper  county.  (R.  S. 
1919,  §  11264.) 

This  section  does  not  violate  Constitution,  Art.  11,  Sees.  2,  6,  as  to  use  and 
disbursements  of  school  funds.  State  ex  rel.  Clark  v.  Gordon,  261  Mo.  631,  170 
S.  W.  892. 

Sec.  11265.  Length  of  school  required — teachers'  salaries — 
provisions  necessary  for  state  aid  for  primary  schools. — The 
board  of  directors  of  every  consolidated  school  district  is  hereby 
empowered  and  required  to  continue  the  elementary  schools  in 
the  district  for  a  period  of  eight  months  in  each  scholastic  year: 
Provided,  that  when  any  such  district  has  levied  for  school  pur- 
poses (teachers  and  incidental  expenses)  the  maximum  levy  pro- 
vided by  law  and  tjie  funds  so  derived,  together  with  the  money 
on  hand  and  the  amount  received  from  public  funds,  are  insuffi- 
cient to  maintain  the  elementary  school  or  schools  in  any  such 
district  for  such  period,  paying  the  teacher  or  teachers  a  maxi- 
mum salary  of  forty  dollars  ($40.00)  per  month,  then  such  dis- 
trict shall  receive  from  the  state  treasurer  a  sufficient  amount  to 
make  up  this  deficit:  Provided,  that  a  salary  of  forty-five 
dollars  ($45.00)  per  month  may  be  paid  by  any  such  district  em- 
ploying a  teacher  who  holds  a  second  grade  certificate,  and  fifty 
dollars  ($50.00)  per  month  in  such  districts  employing  a  teacher 
who  holds  a  first  grade  certificate  or  its  equivalent;  but  no  district 
shall  receive  over  two  hundred  dollars  ($200.00)  for  any  year  for 
each  elementary  school  maintained  by  it:  Provided  further, 
any  district  making  application  for  such  aid  shall  show  that  it 
has  made  a  levy  of  sixty-five  cents  on  the  one  hundred  dollars' 
valuation  for  school  purposes,  not  more  than  twenty-five  cents 
of  said  levy  to  be  used  for  incidental  purposes,  and  that  it  has 
maintained  an  average  daily  attendance  of  fifteen  or  more  pupils 
at  each  primary  school  for  which  such  aid  is  sought:  Provided 
further,  that  any  such  district  that  receives  aid  under  this  section 
and  then  pays  its  teachers  salaries  in  excess  of  the  amount  above 
specified  shall  forfeit  its  right  to  any  further  state  aid  under  this 
section  for  a  period  of  two  years.  The  directors  of  any  district 
desiring  to  avail  itself  of  the  aid  provided  by  this  section  shall 
meet  and  on  or  before  June  30th  furnish  to  the  county  clerk 
an  estimate,  verified  by  the  signatures  of  the  clerk  and  the  mem- 
bers of  such  board,  showing  the  amount  of  such  probable  deficit ;  it 
shall  be  the  duty  of  the  county  clerk  to  furnish  to  the  state  superin- 
tendent, on  or  before  July  15th,  a  list  of  all  districts  in  his  county 
making  such  applications,  showing  the  number  of  primary 
schools  maintained  in  each  district,  the  amount  estimated  by 
each  district  and  the  total  for  each  district  and  for  the  county. 
Before  apportioning  the  state  school  fund,  the  state  superintend- 
ent of  public  schools  shall  set  aside  a  sum  equal  to  the  total 
of  all  deficits  reported  by  all  the  counties  in  the  state,  after  which 
he  shall  proceed  in  accordance  with  section  11179.  The  state 


Revised  School  Laws.  99 

superintendent  shall  cause  the  state  treasurer  to  forward  to  the 
county  clerk  of  each  county  the  total  amount  shown  to  be  due 
to  each  county  to  make  up  such  deficits,  and  the  clerk  shall 
thereupon  apportion  to  each  district  its  proper  amount  in  ac- 
cordance with  the  estimates  on  file  in  his  office:  Provided 
further,  that  no  consolidated  district  shall  receive  state  aid  in 
excess  of  six  hundred  dollars  ($600.00)  per  year  for  its  primary 
schools:  Provided  further,  that  the  provision  of  this  section 
shall  not  apply  to  any  consolidated  school  district  in  which  is 
located  any  incorporated  village,  town  or  city.  (R.  S.  1919  § 
11265.) 

1.  Section    11265   should   not   be   confused   with   section    11264.       This   sec- 
tion   (11265)  applies  only  to  districts  in  which  no   incorporated    village,    town    or 
city  is  located. 

2.  The  district  must  levy  65  cents  on  the  $100  valuation  for  school  purposes, 
40  cents  to  be  used  for  maintenance  of  elementary  schools  and  not  to  exceed  25 
cents  for  incidental  funds. 

3.  The  schools  must  have  maintained  during  the  past  year  an  average  daily 
attendance  of  15  pupils  or  more  at  each  elementary  school  for  which  aid  is  sought. 

4.  The  amount  of  state  aid  received  shall  not  exceed  $200.00  for  any  year 
for  each  elementary  school  maintained,  and  no  consolidated  district  shall  receive 
more  than  $600.00  for  any  one  year. 

5.  The  salaries  of  teachers  shall  not  exceed  the  following: 

a.  Forty  dollars  per  month  for  a  teacher  who  holds  a  3rd  grade  certificate. 

b.  Forty-five  dollars  per  month  for  a  teacher  who  holds  a  2nd  grade  certifi- 
cate. 

c.  Fifty  dollars  per  month  for  a  teacher  who  holds  a   1st  grade  certificate. 
The  constitutionality  of  the  Buford  consolidation  law  has  been  upheld  with 

reference  to  the  following  sections  of  the  Constitution  of  the  state:  Article  4, 
sections  28,  43  and  46;  article  11,  sections  2  and  6.  261  Mo.  631. 

A  consolidated  district  has  authority  to  issue  bonds  for  the  purposes  authorized 
by  the  general  school  laws.  261  Mo.  631. 

The  petition  to  the  county  superintendent  is  not  required  to  be  signed  by 
qualified  voters  of  every  existing  district  to  be  affected.  The  statute  requires  the 
petition  to  be  signed  by  twenty-five  qualified  voters  of  the  community,  and  a 
"community"  may  include  several  districts  or  parts  of  districts.  266  Mo.  191. 

The  statute  does  not  require  that  the  petition  for  the  establishment  of  a  con- 
solidated school  district  shall  fix  absolutely  its  boundaries.  The  county  super- 
intendent is  given  authority  to  include  within  its  boundaries  parts  of  existing 
districts  not  named  in  the  petition.  266  Mo.  191. 

There  is  no  infringement  upon  the  constitutional  right  of  an  existing  school 
district  by  taking  from  it  a  part  of  its  territory  and  including  it  within  the  bound- 
aries of  the  consolidated  district  proposed  to  be  formed  without  giving  to  the 
voters  of  the  part  not  taken  the  right  to  vote  on  the  question  of  organization  of 
the  consolidated  district.  266  Mo.  191. 

The  voters  within  the  consolidated  school  district  as  bounded  by  the  county 
superintendent  are  entitled  to  vote  on  the  question  of  the  organization  thereof, 
and  the  statute  gives  no  persons  outside  that  territory  the  right  to  object  because 
he  was  not  consulted.  266  Mo.  191. 

The  statute  does  not  require  the  certificate  showing  the  proceedings  of  the  meet- 
ing by  which  the  organization  of  the  consolidated  school  district  was  affected, 
to  be  addressed  to  the  county  clerk.  It  simply  requires  the  proceedings  of  the 
meeting  to  be  certified  to  him.  266  Mo.  191. 

The  word  certify  is  not  indispensable  to  a  certificate.  It  means  to  give 
certain  knowledge  or  information,  or  to  testify  with  certainty  in  writing.  266 
Mo.  191. 


100  Revised  School  Laws. 

No  strict  or  technical  construction  is  to  be  put  upon  the  statute.  It  was 
designed  as  a  workable  method  by  plain,  honest,  worthy  citizens  not  specially 
learned  in  the  law.  266  Mo.  192. 

As  long  as  the  legislature  violates  no  constitutional  restriction  upon  its 
acts,  the  wisdom  of  an  act  is  not  subject  to  review  by  the  courts.  266  Mo.  192. 

Districts  may  organize  under  this  law  at  any  time. 

State  aid  for  the  building  is  granted  when  the  three  conditions  prescribed 
in  section  7  have  been  met. 

In  order  to  secure  state  aid  for  maintenance,  only  three  conditions  are  pre- 
scribed: 

(1)  The  district  must  provide  adequate  buildings. 

(2)  It  must  maintain  at  least  two  years  of  approved  high  school  work. 

(3)  It  must  give  an  approved  course  of  one  year  in  agriculture. 

It  is  not  necessary  that  school  site  contain  five  acres  in  order  that  the  con- 
solidated school  may  obtain  aid  for  maintenance  under  section  8. 


FORM    OF    PETITION. 


-,    Mo.,  ,    19 — . 


We,  the  undersigned  qualified  voters  of  school  districts  numbered 


,  ,  ,  of  county,  Missouri,  and  adjoining  school  districts,  in  ac- 
cordance with  the  provisions  of  an  act  of  the  forty-seventh  general  assembly  of 
the  state  of  Missouri,  entitled  "An  act  to  provide  for  the  organization  of  con- 
solidated and  rural  high  schools,  and  to  provide  state  aid  for  such  schools,  with 

an    emergency    clause,"    do    hereby    petition   the   county    superintendent    of  

county  to  visit  this  community,  to  investigate  the  needs  of  the  community,  to 
make  and  to  post  the  plats  of  a  consolidated  school  district  in  this  community, 
and  to  post  notices  of  a  special  school  meeting  to  vote  on  the  organization  of  said 
consolidated  school  district. 


Names. 


Names. 


FORM    OF   SPECIAL   SCHOOL,   MEETING    NOTICE. 

In  accordance  with  the  provisions  of  an  act  of  the  forty-seventh  general 
assembly  of  the  state  of  Missouri,  entitled  "An  act  to  provide  for  the  organization 
of  consolidated  schools  and  rural  high  schools,  and  to  provide  state  aid  for  such 
schools,  with  an  emergency  clause,"  notice  is  hereby  given  to  the  qualified  voters 

of  proposed  consolidated  district  No.  ,  county  of  ,  state  of  Missouri, 

that  a  special  school  meeting  of  said  proposed  consolidated  district  will  be  held 

at  ,  on  ,  the  day  of ,  19 — ,  commencing  at  two  o'clock  p.  m., 

and  the  following  things  will  be  considered: 

First:  To  organize  a  consolidated  school  district  in  this  community  with 
boundaries  as  laid  out  on  the  plats  posted. 

Second:  To  elect  six  school  directors  for  said  consolidated  school  district; 
two  for  three  years,  two  for  two  years  and  two  for  one  year. 

Done  this  the day  of. ,  19 — . 


County  Superintendent  of  Public  Schools. 

FORM    OF    NOTICE    OF   SPECIAL   SCHOOL    ELECTION. 

Notice  is  hereby  given  to  the  qualified  voters  of  consolidated  school  district 

No. of  —    —  county,  Missouri,  that  a  special  school  election  will  be  held  at 

—  in  said  consolidated  school  district,  on  ,   the  day  of  ,    19 — , 

polls  opening  at  7  a.  m.  and  closing  at  6  p.  m.,  to  vote  upon  the  following  proposi- 
tions : 


Revised  School  Laivs 


1.  To  authorize  the  school  board  to  issue  bonds  to   amount  of—    —  thousand 
dollars   ($  --  )  .  for  the  erection  of  a  central  school  building  and  the  purchase  of 
a  central  school  site. 

2.  To  select  -  acres  of  land  located   (describe  land)  --  as  a  school  site 
for  the  central  school  building. 

Done  by  order  of  the  school  board  this  —    —  day  of  -  ,  19  —  . 


Secretary  of  School  Board. 

Sec.  11266.  Employment  of  members  of  board — publica- 
tion of  financial  report. — No  member  of  any  public  school  board 
of  any  city,  town  or  village  in  this  state  having  less  than  twenty- 
five  thousand  inhabitants  shall  hold  any  office  or  employment  of 
profit  from  said  board  while  a  member  thereof  except  the  secre- 
tary and  treasurer,  who  may  receive  reasonable  compensation 
for  their  services:  Provided,  the  compensation  of  the  secretary 
shall  not  exceed  one  hundred  and  fifty  dollars,  and  that  of  the 
treasurer  shall  not  exceed  fifty  dollars  for  any  one  year;  and 
provided  further,  that  it  shall  be  the  duty  of  each  of  said  boards, 
and  of  the  boards  of  directors  in  other  school  districts  in  this  state 
having  graded  schools,  to  make  and  publish,  annually,  on  or 
before  the  15th  day  of  July  in  each  year,  in  some  newspaper  pub- 
lished in  such  school  district,  and  if  there  be  no  newspaper 
published  therein,  then  by  written  statements  posted  in  five 
public  places  in  such  district,  a  detailed  statement  of  all  receipts 
of  school  moneys,  when  and  from  what  source  derived,  and  of  all 
expenditures,  and  on  what  account;  also,  the  present  indebted- 
ness of  the  district  and  its  nature,  and  the  rate  of  taxation  for 
all  school  purposes  for  the  year;  which  said  statement,  so  required 
to  be  made  and  published,  shall  be  duly  attested  by  the  pesident 
and  secretary  of  the  board,  and  the  secretary  shall  forward  a 
copy  of  said  report  to  the  state  superintendent  of  public  schools 
at  Jefferson  City.  And  any  board  of  education  or  board  of 
directors  who  shall  fail,  refuse  or  neglect  to  order  such  statement 
to  be  made,  and  any  officer  of  said  board  who  shall  fail,  refuse 
or  neglect  to  prepare  such  statement  and  publish  and  forward 
the  same,  as  required  by  the  foregoing  provisions  of  this  section, 
when  ordered  by  such  board,  shall  be  guilty  of  a  misdemeanor 
and  punished  by  a  fine  not  to  exceed  one  hundred  dollars.  (R.  S. 
1919,  §  11266.) 

Sec.  11267.  Boards  may  accept  gifts  for  libraries. — The 
board  of  education  shall  have  power  to  accept  and  receive  gifts 
and  devises  for  the  erection  and  endowment  of  libraries  and  for 
the  purchase  of  books,  and  to  invest  the  same,  and  to  loan  such 
endowment  fund  upon  the  same  security  and  in  the  same  mon- 
ner  as  required  by  law  for  the  county  or  capital  school  fund.  (R. 
S.  1919,  §11267.) 

Donation. — A  note  of  donor,  payable  to  district  at  a  future  date,  is  ordinarily 
not  a  valid  gift  and  not  collectible,  but  when  the  district  has  made  large  expendi- 
tures on  the  faith  that  such  note  will  be  paid  before  executors  of  donor  repudiate 
same,  it  can  be  collected.  School  District  v.  Sheidley,  138  Mo.  672,  40  S.  W.  656. 


102  :  Revised  School  Laws. 

*»!SsS.?J  .*••«•!"    =  .'.     * 


Sec.  11268.  Depositories  of  school  moneys. — The  board  of 
education  of  city,  town  and  consolidated  school  districts  in 
this  state  shall  select  depositories  for  the  funds  of  such  school 
district  in  the  same  manner  as  is  provided  by  law  for  the  selection 
of  county  depositories;  and  they  may  loan  any  moneys  held  for 
the  payment  of  outstanding  bonds  upon  the  same  terms  and  upon 
the  same  conditions  as  provided  by  law  for  loaning  county  and 
school  moneys.  (R.  S.  1919,  §  11268.) 


ARTICLE  V. 


VOCATIONAL       EDUCATION. 


Sec. 

11269.  Acceptance  of  the  provisions  of  the 
federal  act. 

11270.  Federal  funds  provided  by  federal  act 
accepted. 

11271.  State  board  of  education  designated 
as  the  board  provided  in  the  federal 
act. 

11272.  State  board  authorized  to  incur  ex- 
penditures for  administration  of  funds. 

11273.  State  treasurer  custodian  of  funds. 

11274.  State  treasurer  to  make  report  to  gen- 
eral assembly. 

11275.  Duties  of  the  state  board  of  education. 

11276.  Approved    schools    to    receive    state 
money — how  much. 

11277.  Vocational  education  fund — how  ob- 
tained when  no  state  appropriation  is 
made. 

11278.  State  board  to  establish  standards — 
inspect  schools — state  superintendent 
must  approve  schools — school  boards 
to  file  report  with  state  superintend- 
ent. 

11279.  State  advisory  committee — how  com- 
posed— duties. 


Sec. 

11280.  State  superintendent  executive  officer 
of  the  board. 

11281.  Boards    of   vocational    schools    under 
this  law  to  appoint  persons  of  experi- 
ence in  the  various  subjects  to  act    as 
advisors. 

11282.  State  board  authorized  to  incur  ex- 
penditures  necessary  for   administra 
tion  of  law. 

11283.  State  board  to  make  report  to  the  gen- 
eral assembly. 

11284.  Vocational  and  prevocational  denned. 

11285.  Part-time  schools  for  employed  chil- 
dren. 

11286.  State  standards. 

11287.  Federal  funds  available,  when. 

11288.  Attendance. 

11289.  Responsibility    for    execution,    where 
placed. 

11290.  State  board  of  education  may  excuse. 

11291.  Annual  report  required. 

11292.  Penalties. 

11293.  Appropriating   money   for   vocational 
education. 

11294.  Money  may  be  used,  how. 


Sec.  11269.  Acceptance  of  the  provisions  of  the  federal 
act. — That  the  provisions  of  the  act  of  congress  enacted  by  the 
sixty-fifth  congress  at  the  second  session  thereof,  entitled  "An 
act  to  provide  for  the  promotion  of  vocational  education;  to 
provide  for  co-operation  with  the  states  in  the  promotion  of 
such  education  in  agriculture  and  the  trades  and  industries  and 
home  economics;  to  provide  for  co-operation  with  the  states  in  the 
preparation  of  teachers  of  vocational  subjects;  and  to  authorize 
the  appropriation  of  money  and  regulate  its  expenditures" 
and  approved  (February  23,  1917)  be  and  the  same  is  hereby 
accepted.  (R.  S.  1919,  §  11269.) 

Sec.  11270.  Federal  funds  provided  by  federal  act  accept- 
ed.— That  the  benefits  of  all  funds  appropriated  under  the  pro- 
visions of  such  act  are  hereby  accepted  as  provided  in  such  act. 
(R.  S.  1919,  §  11270.) 

Sec.  11271.  State  board  of  education  designated  as  the  board 
provided  in  the  federal  act. — That  the  state  board  of  education 


Revised  School  Laws.  103 

is  hereby  designated  as  the  state  board  of  education  as  provided 
in  such  act,  is  charged  with  the  duty  and  responsibility  of  co- 
operating with  the  federal  board  for  vocational  education  in  the 
administration  of  such  act;  and  is  given  all  power  necessary  to 
such  co-operation.  The  state  board  of  education  in  submitting 
plans  for  the  training  of  teachers,  supervisors  and  directors  of 
agricultural  subjects,  and  teachers  of  trade  and  industrial  and 
home  economic  subjects,  as  required  in  such  act,  shall  provide  that 
they  shall  be  trained  in  the  state  normal  schools  of  Missouri,  the 
university  of  Missouri,  or  in  a  school  maintained  in  a  school  dis- 
trict of  a  city  of  seventy-five  thousand  or  more  inhabitants,  in  so 
far  as  their  training  can  be  provided  in  schools.  (R.  S.  1919, 
§  11271.) 

Sec.  11272.  State  board  authorized  to  incur  expenditures 
for  administration  of  funds. — That  such  state  board  of  education 
is  hereby  authorized  to  incur  such  expenditures  for  the  salaries  of 
assistants  and  such  office  and  other  expenses  as  it  may  deem  neces- 
sary to  the  proper  administration  of  the  funds  allotted  to  the 
state  of  Missouri  under  the  provisions  of  such  act.  (R.  S.  1919, 
§  11272.) 

Sec.  11273.  State  treasurer  custodian  of  funds. — That  the 
state  treasurer  is  appointed  as  custodian  of  funds  for  vocational 
education,  as  provided  in  such  act ;  and  is  charged  with  the  duty  and 
responsibility  of  receiving  and  providing  for  the  proper  custody 
and  for  the  proper  disbursements  on  requisition  of  such  board  of 
education  of  moneys  paid  to  the  state  from  the  appropriations 
made  under  the  provisions  of  such  act.  (R.  S.  1919,  §  11273.) 

Sec.  11274.  State  treasurer  to  make  report  to  the  general  as- 
sembly.— That  the  state  treasurer  as  custodian  of  funds  for  voca- 
tional education  shall  make  to  the  general  assembly,  at  each 
biennial  session  thereof,  a  report  of  the  receipts  and  disburse- 
ments of  moneys  received  by  him  under  the  provisions  of  such 
act,  and  the  state  board  of  education  shall  make  to  the  general 
assembly  at  each  biennial  session  thereof  a  report  of  its  adminis- 
tration of  such  act,  and  the  expenditure  of  money  allotted  to  the 
state  under  the  provisions  of  such  act.  (R.  S.  1919,  §  11274.) 

Sec.  11275.  Duties  of  the  state  board  of  education.— That 
the  state  board  of  education  shall  have  the  duty  and  is  given  all 
necessary  power  to  make  studies  and  investigations  relating  to 
prevocational  and  vocational  training  in  agriculture,  industrial, 
home  economics  and  commercial  subjects;  to  promote  and  aid 
in  the  establishment  by  local  communities  of  public  schools,  de- 
partments and  classes,  giving  training  in  such  subjects;  to  co- 
operate with  local  communities  in  the  maintenance  of  such 
schools,  departments  and  classes;  to  establish  standard  for,  test 
the  qualifications  of,  and  issue  certificates  to  the  teachers  and 
supervisors  of  such  subjects,  and  to  co-operate  in  the  mainte- 
nance of  schools,  departments  and  classes  supported  and  con- 


104     '  Revised  School  Laws. 

trolled  by  the  public  for  the  preparation  of  teachers  and  super- 
visors of  such  subjects.      (R.  S.  1919,  §  11275.) 

Sec.  11276.  Approved  schools  to  receive  state  money — how 
much.— Any  approved  school,  department,  or  class  giving  in- 
struction in  agricultural,  industrial,  home  economics  or  com- 
mercial subjects  which  receives  the  benefit  of  federal  moneys  as 
herein  provided  shall  be  entitled  also  to  receive  for  the  sala- 
ries of  teachers  of  said  subject  an  allotment  of  state  money 
equal  in  amount  to  the  amount  of  federal  money  which  it  receives, 
as  herein  provided,  for  the  same  year.  The  state  board  of  educa- 
tion shall  recommend  to  each  session  of  the  general  assembly  the 
amount  of  money  which  should  be  appropriated  by  the  state 
for  such  allotments  during  each  succeeding  biennial  period. 
(R.  S.  1919,  §  11276.) 

Sec.  11277.  Vocational  education  fund — how  obtained  when 
no  state  appropriation  is  made. — Whenever  the  general  assembly 
shall  make  no  other  appropriation  for  carrying  out  the  pro- 
visions of  this  law  or  shall  make  an  appropriation  which  is  not 
sufficient  to  entitle  this  state  to  all  the  federal  moneys  which 
may  be  allotted  to  it  the  board  of  directors  or  board  of  education 
of  any  common,  consolidated,  town  or  city  school  district  in  this 
state,  the  board  of  regents  of  any  normal  school,  and  the  board 
of  curators  of  the  university  are  authorized  to  make  such  ap- 
propriations from  any  funds  under  their  control  as  may  be  nec- 
essary to  enable  such  common,  consolidated,  town  or  city  school 
district,  state  normal  school  or  university  to  take  advantage  of 
the  provisions  of  this  law.  When  such  appropriation  has  been 
made  a  warrant  shall  be  drawn  in  favor  of  the  treasurer  of  the 
state  of  Missouri  for  such  amount.  The  moneys  so  received 
from  the  various  school  districts,  state  normal  schools  and  state 
university  shall  be  placed  by  the  state  treasurer  into  a  special 
fund  to  be  known  as  the  "vocational  education  fund,"  and  shall 
be  the  "state  money"  referred  to  in  this  law.  The  state  board 
of  education  shall  pay  back  to  any  school  district,  normal 
school,  or  university,  out  of  said  "vocational  education  fund:" 
(1)  Any  surplus  money  paid  into  such  fund  by  it  and  which  shall 
not  be  needed  to  secure  for  it  the  benefits  of  this  law  and  (2)  all 
money  paid  by  it,  if  it  fails  to  meet  prescribed  conditions  and  is 
therefore  unable  to  participate  in  the  distribution  of  federal 
moneys  under  this  law.  (R.  S.  1919,  §  11277.) 

Sec.  11278.  State  board  to  establish  standards— inspect 
schools — state  superintendent  must  approve  schools — school 
boards  to  file  report  with  state  superintendent. — That  such 
board  of  education  shall  establish  standards  and  annually  in- 
spect, as  a  basis  for  approval,  all  public  prevocational  and  vo- 
cational schools,  departments  and  classes  receiving  state  or 
federal  moneys  for  giving  training  in  agricultural,  industrial, 
home  economics  and  commercial  subjects,  and  all  schools,  de- 
partments and  classes  receiving  state  or  federal  moneys  for  the 


Revised  School  Laws.  105 

preparation  of  teachers  and  supervisors  of  such  subjects.  Such 
public  prevocational  and  vocational  schools,  departments  and 
classes,  and  such  training  schools,  departments  and  classes 
shall  be  entitled  to  such  state  or  federal  moneys  so  Iqng  as  they 
are  approved  by  the  state  superintendent  of  public  schools,  the 
executive  officer  of  said  board,  as  to  site,  plant,  equipment, 
qualifications  of  teachers,  admission  of  pupils,  courses  of  study 
and  methods  of  instruction.  All  disbursements  of  such  state  or 
federal  moneys  for  the  benefit  of  such  approved  prevocational 
and  vocational  schools,  departments  and  classes  shall  be  made 
serri-annually.  The  board  of  education  or  board  of  directors  of 
each  such  approved  school  shall  file  such  report  with  the  state 
superintendent  of  public  schools  at  such  times  and  in  such  form 
as  said  officer  may  require.  Upon  receipt  of  a  satisfactory  re- 
port, the  state  superintendent  of  public  schools  shall  certify  to 
the  state  auditor  the  amount  of  such  state  and  federal  moneys 
due  said  school  district  and  the  county  in  which  said  school  dis- 
trict is  situated,  and  shall  also  notify  the  county  clerk  of  said 
county  the  amount  due  any  school  district  in  his  county.  The 
state  auditor  shall  draw  a  warrant  on  the  state  treasurer  for  the 
amount  due  such  school  district  and  shall  forward  said  amount 
to  the  county  clerk  of  the  proper  county  and  the  county  clerk 
shall  thereupon  apportion  said  amount  to  the  proper  school  dis- 
trict, and  the  amount  due  the  school  district  of  the  city  of  St. 
Louis  shall  be  forwarded  to  the  school  board  of  said  city.  (R.  S. 
1919,  §  11278.) 

Sec.  11279.  State  advisory  committee — how  composed- 
duties. — The  president  of  such  state  board  of  education  shall 
annually  appoint  a  committee  of  five  members  to  be  known 
as  the  state  advisory  committee  for  vocational  education. 
Such  state  advisory  committee  shall  consist  of  one  person  of 
experience  in  agriculture;  one  employer;  one  representative  of 
labor;  one  person  of  experience  in  home  economics;  one  person  of 
experience  in  commerce.  The  state  superintendent  of  public 
schools  shall  ex  officio  be  a  member  of  such  advisory  committee 
and  the  chairman  thereof.  Such  state  board  of  education  shall 
formulate  general  principles  and  policies  for  the  administration 
of  this  law,  which  when  they  have  been  approved  by  such  state 
advisory  committee  shall  be  put  into  effect.  Joint  conferences 
between  such  state  board  of  education  and  advisory  committee 
shall  be  held  at  least  four  times  each  year.  All  members  of  such 
state  advisory  committee  shall  be  reimbursed  for  their  actual 
expenses  in  attending  such  conferences.  (R.  S.  1919,  §  11279.) 

Sec.  11280.  State  superintendent  executive  officer  of  the 
board. — That  the  state  superintendent  of  public  schools  shall  be 
the  executive  officer  of  such  board  of  the  administration  of  this 
law.  He  shall,  with  the  approval  of  such  board,  appoint  such 
assistants  as  may  be  necessary  to  properly  carry  out  the  pro- 
visions of  this  law.  (R.  S.  1919,  §  11280.) 


106  Revised  School  Laws. 

Sec.  11281.  Boards  of  vocational  schools  under  this  law  to 
appoint  persons  of  experience  in  the  various  subjects  to  act  as 
advisers. — The  board  of  education  or  board  of  directors  of  any 
school  district  maintaining  such  a  prevocational  or  vocational 
school,  department  or  class  receiving  the  benefit  of  state  or 
federal  moneys,  under  the  provisions  of  this  law,  shall,  as  a  con- 
dition of  approval  by  such  state  board  of  education  and  state 
superintendent  of  public  schools,  as  herein  provided,  appoint 
persons  of  experience  in  agriculture,  industry,  home  economics 
and  commerce  to  give  advice  and  assistance  to  such  board  of 
education  or  board  of  directors  in  the  establishment  and  main- 
tenance of  such  schools,  departments  and  classes.  Such  persons 
of  experience  shall  serve  as  herein  provided  without  compen- 
sation. (R.  S.  1919,  §  11281.) 

Sec.  11282.  State  board  authorized  to  incur  expenditures 
necessary  for  administration  of  law. — That  such  state  board  is 
hereby  authorized  to  incur  such  expenditures  for  the  salaries  of 
assistants  and  such  office  and  other  expenses  as  in  the  judgment 
of  such  board  are  necessary  to  the  proper  administration  of  this 
law.  (R.  S.  1919,  §  11282.) 

Sec.  11283.  State  board  to  make  report  to  the  general  as- 
sembly.— That  such  state  board  shall  make  to  the  general  as- 
sembly, at  each  biennial  session  thereof,  a  report  on  the  adminis- 
tration of  this  law  and  on  the  expenditures  of  money  by  the 
state  under  the  provisions  of  this  law.  (R.  S.  1919,  §  11283.) 

Sec.  11284.  Vocational  and  prevocational  education  de- 
fined.— The  following  words  and  phrases  as  used  in  the  above 
section  shall,  unless  a  different  meaning  is  clearly  required  by 
the  context,  have  the  following  meaning: 

(a)  Vocational  education  shall  mean  any  education  of  less 
than  college  grade,  the  controlling  purpose  of  which  is  to  fit  for 
profitable  employment. 

(b)  Prevocational  education  shall  mean  that  form  of  edu- 
cation of  less  than  college  grade  which  gives  children  an  elemen- 
tary acquaintance  with  different  vocational  activities,  arts    or 
occupations  and  better  prepares  them  to  make  an  intelligent 
choice  of  a  vocation.      (R.  S.  1919,  §  11284.) 

Sec.  11285.     Part-time   schools  for  employed  children.— 

Whenever  in  any  school  district  in  this  state  shall  be  issued  and 
in  full  force  and  effect  not  less  than  twenty-five  employment 
certificates  for  children  under  sixteen  years  of  age,  such  school 
district  shall  establish  and  maintain  part-time  schools,  depart- 
ments or  classes  for  such  employed  children  for  not  less  than  four 
hours  per  week  and  for  a  term  not  less  than  that  in  which 
schools  are  regularly  in  session  in  such  district.  (R.  S.  1919, 
§  11285.) 

Sec.  11286.     State  standards. — The  state  board  of  educa- 


Revised  School  Laws.  107 

lion  shall  establish  standards  for  the  establishment  and  main- 
tenance of  such  schools.  (R.  S.  1919,  §  11286.) 

Sec.  11287.  Federal  funds  available,  when. — Whenever 
such  part-time  schools  shall  have  met  the  standards  of  the  federal 
act  and  the  standards  established  by  the  state  board  for  vocational 
education,  they  shall  be  entitled  to  share  in  the  distribution 
of  the  federal  funds  available  under  the  provision  of  the  federal 
act,  and  such  state  funds  as  shall  have  been  appropriated  for 
the  promotion  of  vocational  education  under  the  provisions  of 
the  Missouri  vocational  education  law.  (R.  S.  1919,  §  11287.) 

Sec.  11288.  Attendance. — The  attendance  on  such  part-time 
school,  department  or  class  shall  be  counted  as  a  part  of  the  time 
the  minor  can  be  employed.  (R.  S.  1919,  §  11288.) 

Sec.  11289.     Responsibility  for  execution,  where  placed.— 

Responsibility  for  the  execution  of  this  law  shall  rest  upon  the 
state  board  for  vocational  education.  Responsibility  for  local 
administration  shall  rest  upon  the  local  board  of  education  or 
school  authorities  maintaining  the  instruction  given.  (R.  S. 
1919,  §  11289.) 

Sec.  11290.     State  board  of  education  may  excuse. — The 

state  board  of  vocational  education  may,  upon  special  hearing 
in  each  case,  excuse  a  city,  village,  town,  county  or  district  from 
either  establishing  or  maintaining  part-time  schooling.  (R.  S. 
1919,  §  11290.) 

Sec.  11291.  Annual  report  required. — The  state  board  of 
vocational  education  shall  make  an  annual  report  to  the  legisla- 
ture of  its  administration  of  this  law,  with  its  policies  and  regula- 
tions, and  the  statistics  and  finances  involved.  (R.  S.  1919,  § 
11291.) 

Sec.  11292.  Penalties. — All  of  the  penalties  provided  in  the 
compulsory  education  law  for  Missouri  are  hereby  made  appli- 
cable in  requiring  the  attendance  of  children  under  sixteen  years 
of  age  upon  a  part-time  school,  department  or  class  whenever 
such  part-time  school,  department  or  class  shall  have  been  estab- 
lished in  any  school  district.  (R.  S.  1919,  §  11292.) 

Sec.  11293.     Appropriating  money  for  vocational  education. 

In  order  to  meet  fully  the  terms  of  the  federal  act  for  vocational 
education  and  to  provide  a  state  fund  for  vocational  education, 
as  contemplated  in  section  11277  of  the  Missouri  law  for  voca- 
tional education,  there  is  hereby  appropriated  from  the  state 
school  fund,  for  the  biennial  period  ending  December  31,  1921, 
the  sum  of  $205,820.75,  an  amount  equal  to  the  federal  grant 
for  the  same  period.  (R.  S.  1919,  §  11293.) 

Sec.  11294.  Money  may  be  used,  how. — The  state  board 
of  education  is  hereby  authorized  to  use  this  money  to  promote 


108 


Revised  School  Laws. 


vocational  education,  including  the  payment  of  salaries  and  other 
necesssry  expenses  for  adequate  supervision  and  ?drrinistration. 
(R.  S.  1919,  §  11293.) 


ARTICLE  VI. 

SPECIAL  STATE  AID  FOR  HIGH  SCHOOLS   AND   TEACHER-TRAINING 

COURSES. 


Sec. 

11302.  State  school  superintendent — duty  of 
— teacher-training  classes. 

11303.  Examination  for   graduation — fee  for 
certificate — apportionment  of  fee — ac- 
count to  be  kept  by  state  school  super- 
intendent. 

11304.  Certificate   of  graduation — issued  by 
whom — grades— fee. 

11305.  Summer  schools — in  what  high  schools 
— powers  of  board. 

11306.  Credit   to   be   given   to    students   for 
work. 

11307.  Length  of  term. 

11308.  Grades  to  be  accepted  for  county  cer- 
tificates. 


Sec. 

11295.  State  aid  for  high  schools— how  re- 
ceived. 

11298.  Provisions  under   which  aid  may   be 
had. 

11297.  Board  of  directors  to  make  statement 

of  amount  of  aid  entitled  to — county 

clerk  to   certify  list — duties   of  state 

superintendent. 
11293.  Teacher-training     courses — provisions 

for — what  grades. 

11299.  State  aid — amount  of — payable  how — 
superintendent  to  make  report — audi- 
tor to  send  amount  to  county  clerk. 

113CO.  State  aid — when  more  than  one  high 
school — requirements  for. 

11301.  Appropriation,  how  expended — in- 
spector— salary,  etc. 

Sec.  11295.  Stats  aid  for  high  schools,  how  received.— 
Any  town,  city  or  consolidated  school  district  may  apply  for  state 
aid  to  maintain  a  high  school.  The  aid  granted  shall  be  eight 
hundred  dollars  ($800.00)  per  year  to  districts  whose  valuation  is 
less  than  three  hundred  thousand  dollars  ($300,000);  six  hun- 
dred dollars  ($600.00)  per  year  to  districts  whose  valuation  is 
three  hundred  thousand  dollars  and  less  than  four  hundred 
thousand  dollars  ($400,000);  four  hundred  dollars  ($400.00)  per 
year  to  districts  whose  valuation  is  four  hundred  thousand 
dollars  and  less  than  six  hundred  thousand  dollars  ($600,000); 
two  hundred  dollars  ($200.00)  per  year  to  districts  whose  valu- 
ation is  six  hundred  thousand  dollars  ($600,000)  or  more:  Pro- 
vided, that  a  district  in  order  to  receive  state  aid  shall  show  its 
assessed  valuation,  that  it  is  organized  as  a  town,  city  or  consol- 
dated  school  district  and  has  six  school  directors,  that  it  has 
levied  for  school  purposes  (teachers  and  incidental  expenses) 
the  maximum  levy  provided  by  law,  that  it  maintains  an  ap- 
proved high  school  and  employs  a  competent  principal  to  teach 
in  said  high  school  and  to  supervise  the  elementary  school  of 
said  school  district,  that  it  pays  each  of  its  teachers  at  least  forty 
dollars  per  month,  that  it  admits  non-resident  pupils  to  said 
high  school  on  payment  of  a  reasonable  tuition  fee,  that  during 
the  past  year  the  daily  attendance  in  said  high  school  has  aver- 
aged fifteen  pupils,  that  it  gives  an  approved  course  of  at  least 
one  year  in  agriculture:  Provided  further,  that  in  no  case  shall 
any  district  receive  from  the  state  in  any  year  more  than  one-half 
of  the  amount  of  the  salary  paid  to  its  high  school  teachers  the 
previous  year.  It  is  also  further  provided  that  no  district 


Revised  School  Laws.  109 

receiving  any  other  form  of  special  high  school  aid  from  the 
state  shall  be  entitled  to  aid  under  this  article.  (R.  S.  1919,  § 
11295.) 

Sec.  11296.  Provisions  under  which  aid  may  be  had. — Any 
town,  city  or  consolidated  school  district,  situated  in  any  county 
in  which  there  is  no  school  district  whose  assessed  valuation  is 
more  than  three  hundred  thousand  dollars  ($300,000),  may  apply 
for  state  aid  to  maintain  a  high  school.  A  district  making  applica- 
tion for  state  aid  under  this  section  shall  show  that  it  has  an  as- 
sessed valuation  of  less  than  three  hundred  thousand  dollars,  and 
that  no  approved  high  school  in  the  county  maintains  an  average 
daily  attendance  of  fifteen  pupils,  that  it  is  organized  as  a  town,  city 
or  consolidated  school  district  and  has  six  school  directors,  that  it 
has  levied  for  school  purposes  (teachers  and  incidental  expenses) 
the  maximum  levy  provided  by  law,  that  it  proposes  to  maintain 
an  approved  high  school  of  at  least  the  third  class  for  a  term  of 
eight  months  and  that  it  employs  a  competent  principal  to  teach 
in  said  high  school  and  supervise  the  elementary  school  of  said 
district.  The  state  hereby  grants  an  aid  of  eight  hundred  dol- 
lars ($800.00)  per  year  to  such  school  district.  But  it  is  further 
provided  that,  if  two  or  more  districts  in  the  same  county  apply 
for  state  aid  under  the  provisions  of  this  section,  the  district 
that  first  files  in  the  office  of  the  state  superintendent  of 
public  schools  notice  of  its  intention  to  apply  for  aid  under  this 
section  shall  be  granted  the  aid :  Provided,  that  on  or  before  June 
30th,  following  the  filing  of  the  notice  of  its  intention  to  apply 
for  aid,  it  shows  that  it  has  met  the  requirements  of  this  section: 
Provided  further,  that  any  district  receiving  aid  in  any  year  shall 
be  regarded  as  the  first  applicant  for  aid  the  succeeding  year 
without  the  filing  of  a  formal  notice.  It  is  further  provided  that 
any  school  district  receiving  aid  under  the  provisions  of  this  article 
shall  admit  non-resident  pupils  to  the  high  school  of  said  district 
on  the  payment  of  a  reasonable  tuition  fee:  Provided  further, 
that  any  school  district  receiving  state  aid  for  two  consecutive 
years  and  then  during  any  two  consecutive  years  thereafter  fails 
to  maintain  an  average  daily  attendance  of  fifteen  high  school 
pupils,  shall  forfeit  its  right  to  any  further  aid  for  a  period  of 
five  years,  or  until  it  can  again  show  an  average  daily  attendance 
of  fifteen  high  school  pupils  for  a  term  of  eight  months.  (R.  S. 
1919,  §  11296.) 

Sec.  11 297.  Board  of  directors  to  make  statement  of  amount 
of  aid  entitled  to — county  clerk  to  certify  list — duties  of  state 
superintendent. — The  board  of  directors  of  any  school  district 
desiring  to  avail  itself  of  the  state  aid  provided  for  under  this 
article  shall  meet  and  on  or  before  June  30th  furnish  to  the  county 
clerk  evidence  that  their  school  district  has  met  the  require- 
ments of  this  article  and  shall  make  a  statement  of  the  amount  of 
aid  to  which  said  district  is  entitled.  This  evidence  and  state- 
ment shall  be  attested  by  the  signatures  of  the  "president  and  the 


110        .  Revised  School  Laws. 

clerk  of  said  school  board  and  sworn  to  before  a  notary  public  or 
the  county  clerk.  It  shall  be  the  duty  of  the  county  clerk  on  or 
before  July  15th  to  furnish  to  the  state  superintendent  of  public 
schools  a  list  of  all  the  districts  in  his  county  making  application 
for  state  aid  for  high  schools,  showing  the  amount  estimated  for 
each  school  district  and  the  total  amount  for  the  county.  Before 
apportioning  the  state  school  funds,  the  state  superintendent 
shall  set  aside  a  sum  equal  to  the  total  of  all  the  applications  for 
state  aid  called  for  by  all  the  counties  of  the  state,  after  which  he 
shall  proceed  in  accordance  with  section  11179:  Provided,  that 
the  amount  so  set  aside  shall  in  no  one  year  exceed  five  per  cent, 
of  the  total  state  school  funds.  Should  the  total  applications 
for  aid  called  for  by  all  the  counties  in  any  one  year  exceed  five 
per  cent,  of  the  total  state  school  funds,  then  the  state  super- 
intendent of  public  schools  shall  first  set  aside  out  of  the  five 
per  cent,  the  amount  of  aid  applied  for  under  section  11296 
and  then  the  remainder  of  the  five  per  cent,  of  said  state  school 
funds  shall  be  distributed  pro  rata  among  the  districts  apply- 
ing for  aid  under  section  11295,  according  to  the  amount  ap- 
plied for  by  each  district.  The  state  superintendent  of  public 
schools  shall,  within  thirty  days  after  he  has  approved  the  work 
of  any  school  applying  for  aid,  certify  his  approval  to  the  state 
auditor,  who  shall  draw  a  warrant  on  the  state  treasurer  for  the 
amount  due  such  district  and  forward  said  amount  to  the  county 
clerk  of  the  proper  county,  and  the  county  clerk  shall  thereupon 
apportion  the  said  amount  to  the  proper  district  in  accordance 
with  the  application  on  file  in  his  office.  (R.  S.  1919,  §  11297.) 

Sec.  11298.  Teacher-training  courses — provisions  for — 
what  grades. — For  the  purpose  of  increasing  the  facilities  for 
training  teachers  for  the  elementary  and  rural  public  schools,  by 
requiring  a  review  of  such  common  branches  as  may  be  deemed 
essential  by  the  state  superintendent  of  public  schools  and  for 
instruction  in  elementary  pedagogy,  including  the  art  of  teaching 
elementary  agriculture,  provision  is  hereby  made  for  teacher- 
training  courses  in  the  eleventh  and  twelfth  grades  of  such  ap- 
proved first  class  high  schools  as  the  state  superirte  dent  of 
public  schools  may  designate:  Provided,  that  such  high  schools 
shall  be  selected  and  distributed  with  regard  to  their  usefulness 
in  supplying  trained  teachers  for  the  elementary  schools  of  all 
portions  of  the  state  and  with  regard  to  the  number  of  teachers 
required  for  the  elementary  schools  in  each  portion  of  the  state: 
Provided,  that  private  and  denominational  schools  be  eligble  to 
the  provisions  of  this  law,  except  as  to  receiving  state  aid.  (R. 
S.  1919,  §  11298.) 

Sec.  11299.  State  aid — amount  of — payable  how — superin- 
tendent to  make  report — auditor  to  send  amount  to  county  clerk. 

Each  public  high  school  approved  under  the  provisions  of  this  law 
shall  receive  state  aid  to  the  amount  of  fifteen  hundred  dollars 
($1,500)  per  annum,  payable  in  two  equal  installments  at  the 


Revised  School  Laws.  Ill 

close  of  each  semester  as  hereinafter  provided.  The  superintend- 
ent of  each  such  approved  high  school  shall  at  the  close  of  each, 
semester  file  such  report  with  the  state  superintendent  of  public 
schools  as  said  officer  may  require.  Upon  receipt  of  a  satisfac- 
tory report  the  state  superintendent  of  public  schools  shall  certify 
to  the  state  auditor  the  amount  due  said  school  and  the  county 
in  which  said  school  is  situated,  and  shall  also  notify  the  county 
clerk  of  each  county  the  amount  due  any  school  in  his  county. 
The  state  auditor  shall  draw  a  warrant  on  the  state  treasurer 
for  the  amount  due  such  district  and  forward  said  amount  to  the 
county  clerk  of  the  proper  county  and  the  county  clerk  shall 
thereupon  apportion  said  amount  to  the  proper  district.  (R.  S. 
1919,  §  11299,  amended  Laws  1921,  H.  B.  543.) 

Sec.  113CO.  State  aid — when  more  than  one  high  school- 
requirements  for. — It  is  provided  that  in  case  more  than  one 
high  school  in  any  county  shall  be  approved  under  the  provisions 
of  this  law  the  total  state  aid  distributed  in  such  county  shall  not 
exceed  twenty-four  hundred  dollars  ($2,400)  to  be  divided  equally 
among  said  high  schools.  No  high  school  shall  be  approved 
as  entitled  to  state  aid  unless  a  class  of  ten  or  more  shall  have  been 
organized,  maintained  and  instructed  during  the  preceding 
semester  in  accordance  with  the  provisions  of  this  law  and 
the  regulations  of  the  state  superintendent  of  public  schools. 
(R.  S.  1919,  §  11300,  amended  Laws  1921,  H.  B.  543.) 

Sec.  11301.  Appropriation,  how  expended — inspector- 
salary,  etc. — The  appropriation  provided  for  the  instruction  of 
pupils  in  the  science  and  practice  of  rural  school  teaching  and  the 
teaching  of  elementary  agriculture,  may  be  expended  in  part  for 
the  inspection  and  supervision  of  such  instruction  by  the  state 
superintendent  of  public  schools  and  by  such  person  as  he  may 
designate,  and  the  expense  of  such  inspection  and  supervision 
shall  be  paid  out  of  said  appropriation  on  vouchers  certified  by 
the  state  superintendent  of  public  schools.  In  accordance  with 
the  foregoing  provisions  of  this  section,  the  state  superintendent 
of  public  schools  is  authorized  to  appoint  an  inspector  of  teacher- 
training  in  high  schools  and  private  and  denominational  schools 
at  a  salary  of  not  to  exceed  twenty-five  hundred  dollars  ($2,- 
500.00)  per  year,  and  the  necessary  traveling  expenses  while  in 
the  discharge  of  his  duties.  (R.  S.'  1919,  §  11301.) 

Sec.  11302.  State  school  superintendent — duty  of — teacher- 
training  classes. — The  state  superintendent  of  public  schools 
shall  prescribe  the  conditions  of  admission  to  the  teacher-training 
classes,  courses  of  instruction,  the  rules  and  regulations  under 
which  such  instruction  shall  be  given  and  the  requirements  for 
graduation  subject  to  the  provisions  of  this  article.  (R.  S.  1919, 
§  11302.) 

Sec.  11303.  Examination  for  graduation— fee  for  certifi- 
cate— apportionment  of  fee — account  to  be  kept  by  state  school 
superintendent. — In  each  high  school  approved  under  this  aticle, 


112  Revised  School  Laws. 

an  examination  for  graduation  from  the  teacher-training  course 
shall  be  conducted  under  such  rules  as  the  state  superintendent 
of  public  schools  shall  prescribe.  Each  applicant  for  such  certif- 
icate of  graduation  shall  pay  a  fee  of  three  dollars  ($3.00)  to  the 
superintendent  of  schools  of  the  county  in  which  said  applicant 
is  attending  high  school.  One  dollar  of  said  fee  shall  be  sent  by 
said  county  superintendent  to  the  state  superintendent  of  public 
schools,  to  be  used  to  pay  the  cost  of  reading  and  grading  the 
answer  papers  of  such  applicants  and  other  expenses  incident  to 
such  examinations,  one  dollar  shall  be  used  for  the  payment  of 
the  expenses  of  teachers'  associations,  and  one  dollar  shall  be 
retained  by  the  county  superintendent  for  compensation  for  such 
work  as  the  state  superintendent  of  public  schools  may  require  of 
him  in  connection  with  teacher-training  courses.  The  state 
superintendent  of  public  schools  shall  keep  an  accurate  account  of 
all  moneys  received  and  disbursed  by  him  in  carrying  out  the 
provisions  of  this  article.  Any  balance  remaining  in  said  fund  shall 
be  turned  into  the  general  revenue  fund  of  the  state  by  the  state 
superintendent  of  public  schools  on  the  first  day  of  September 
of  each  calendar  year.  (R.  S.  1919,  §  11303.) 

Sec.  11304.  Certificate  of  graduation — issued  by  whom — 
grades — fee. — A  certificate  of  graduation  from  the  teacher- 
training  course  provided  for  in  this  article  shall  be  issued  by  the 
state  superintendent  of  public  schools  and  shall  be  a  valid 
license  to  teach  in  any  public,  elementary  or  rural  school  in  any 
county  of  the  state  for  a  term  of  two  years  on  registration  with 
the  superintendent  of  schools  of  the  county  in  which  the  appli- 
cant is  employed  to  teach.  After  thirty-two  weeks  of  success- 
ful experience,  and  one  term's  successful  work  in  a  state  normal 
school,  in  the  state  university,  or  in  any  standard  college  or 
university,  any  person  holding  a  teacher-training  certificate 
issued  under  the  provisions  of  this  article  shall  receive  a  first  grade 
county  certificate.  On  request  of  the  superintendent  of  schools 
of  the  county  under  whose  supervision  the  applicant  may  have 
taught,  accompanied  by  a  statement  that  the  applicant  has  been 
successful  as  a  teacher  and  by  a  certificate  showing  that  the 
work  prescribed  above  has  been  done,  the  state  superintendent  of 
public  schools  'shall  certify  to  the  county  superintendent  the 
grades  made  by  said  applicant,  and  upon  these  grades  a  first 
grade  certificate  shall  be  issued  to  the  applicant  by  the  county 
superintendent  on  the  payment  of  a  fee  of  one  dollar  and  fifty 
cents.  (R.  S.  1919,  §  11304.) 

Sec.  11305.  Summer  schools — in  what  high  schools — 
powers  of  board. — The  board  of  education  of  any  school  district 
maintaining  a  first  class  high  school  with  a  teacher-training 
course  is  hereby  authorized  and  empowered  to  establish  and 
maintain  a  summer  school  in  such  district;  to  make  all  necessary 
rules  and  regulations  therefor;  to  fix  the  rates  of  tuition  and  fees 
of  pupils;  and  to  have  general  charge  and  control  over  such 
schools.  (R.  S.  1919,  §  11305.) 


Revised  School  Laws. 


113 


Sec.  11306.     Credit  to  be  given  to  students  for  work. — All 

high  school  work  completed  and  units  established  in  such  summer 
schools  shall  be  placed  on  the  high  school  records  to  the  credit  of 
students  so  completing  the  same;  shall  receive  the  same  recog- 
nition in  the  high  schools  and  other  state  institutions  of  this  state 
as  the  high  school  work  done  during  the  regular  school  term  of 
such  high  schools  receive;  and  shall  measure  up  to  the  rules  and 
regulations  prescribed  by  the  state  superintendent  of  public 
schools  for  first  class  high  schools  of  this  state.  (R.  S.  1919, 
§  11306.) 

Sec.  11307.  Length  of  term. — The  length  of  term  of  the 
summer  schools  maintained  under  the  provisions  of  this  law  shall 
be  for  a  period  of  forty-five  to  sixty  days.  (R.  S.  1919,  §  11307.) 

Sec.  11308.     Grades  to  be  accepted  for  county  certificates. 

Grades  made  in  the  summer  terms  maintained  under  the  provi- 
sions of  this  law  shall  be  accepted  by  the  state  superintendent 
in  lieu  of  examinations  for  county  certificates  as  provided  in 
section  11366.  (R.  S.  1919,  §  11308.) 


ARTICLE  VII. 

STATE  AID  FOR  TEACHER-TRAINING    COURSES    IN     CITIES    OF    SEV- 
ENTY-FIVE   THOUSAND    INHABITANTS    OR    OVER. 


Sec. 

11309.  Teacher-training  courses  —  provisions 
for — what  grades. 

11310.  State  aid — amount  of — duties  of  state 
superintendent  of  public  schools — to 
inspect  and  approve  such  schools. 


Sec. 

11311.  'State  aid — payable  how — when. 

11312.  Certificates   to   be   granted   by   state 
superintendent  of  public  schools. 


Sec.  11309.  Teacher-training  courses — provisions  for — what 
grades. — Whenever  the  board  of  education  or  board  of  direc- 
tors of  any  school  district  of  any  city  in  this  state  that  now  has  or 
may  hereafter  have  a  population  of  seventy-five  thousand  (75,- 
000)  or  more  shall  have  established  one  or  more  city  teacher- 
training  schools  for  the  purpose  of  training  teachers  for  the 
elementary  schools  of  such  city  and  shall  have  provided  in  such 
teacher-training  school  or  schools  at  least  a  two-year  professional 
course  of  instruction  in  advance  of  a  four  year  standard  high 
school  course,  any  such  city  school  district  shall  be  entitled  to 
state  aid  as  hereinafter  provided.  (R.  S.  1919,  §  11309.) 

Sec.  11310.  State  aid — amount  of — duties  of  state  superin- 
tendent of  public  schools — to  inspect  and  approve  such  schools. 

The  state  superintendent  of  public  schools  is  hereby  authorized 
to  inspect  and  approve  such  city  teacher-training  school  or 
schools.  Each  school  district  maintaining  such  city  teacher- 
training  school  approved  by  the  state  superintendent  of  public 
schools  under  the  provisions  of  this  article  shall  be  entitled  to  re- 
ceive annually  state  aid  to  an  amount  to  be  determined  from 


114  Revised  School  Laws. 

time  to  time  as  follows:  Divide  the  total  appropriation  made  to 
state  normal  schools  for  teachers'  salaries  during  the  preceding 
biennial  period  by  the  total  number  of  teachers  employed  in  the 
public  schools  of  the  state  as  shown  by  the  last  annual  apportion- 
ment of  public  school  moneys  by  the  state  superintendent  of 
public  schools;  then  multiply  one-half  of  the  quotient  thus  ob- 
tained by  the  total  number  of  teachers  employed  in  the  public 
schools  of  such  city  as  shown  by  the  last  report  of  the  secretary  of 
such  city  school  district  to  the  state  superintendent  of  public 
schools.  The  product  thus  obtained  for  each  school  district 
shall  be  the  amount  of  state  aid  for  such  district  for  such  year: 
Provided,  however,  that  such  aid  shall  be  used  only  for  paying  for 
instruction  in  such  city  training  school  or  schools  and  the  state 
aid  granted  shall  in  no  case  exceed  the  amount  actually  paid  for 
such  instruction.  (R.  S.  1919,  §  11310.) 

Sec.  11311.  State  aid — payable  how — when. — This  aid  shall 
be  paid  in  June  or  July  of  each  year  as  hereinafter  provided.  The 
state  superintendent  of  public  schools  shall  require  a  report  from 
each  district  of  the  total  amount  spent  during  the  school  year  for 
instruction  in  such  city  teacher-training  school  or  schools.  Said 
report  shall  be  sworn  to  by  the  secretary  of  the  board  of  educa- 
tion or  board  of  directors  of  such  school  district.  Upon  re- 
ceipt of  such  report,  the  state  superintendent  of  public  schools 
shall  certify  to  the  state  auditor  the  amount  due  said  school 
districts  and  the  name  of  the  county  in  which  said  district  is 
situated  and  shall  also  notify  the  county  clerk  of  each  county  of 
the  amount  due  any  school  district  in  his  county  and  the  sec- 
retary and  treasurer  of  the  board  of  education  of  the  city  of 
St.  Louis  of  the  amount  due  the  school  district  of  the  city  of  St. 
Louis  in  accordance  with  the  provisions  of  section  11310. 
On  the  receipt  of  the  proper  requisition  from  the  clerk  of  the 
county  court  or  from  said  secretary  and  treasurer  of  the  board  of 
education  of  the  city  of  St.  Louis,  the  state  auditor  shall  draw  a 
warrant  upon  the  state  treasurer  in  favor  of  the  county  treasurer 
or  in  favor  of  the  secretary  and  treasurer  of  the  board  of  educa- 
tion of  the  city  of  St.  Louis  for  the  amount  due  such  school  dis- 
trict. Upon  receipt  of  said  moneys  by  the  treasurer  of  any 
county,  the  county  clerk  shall  apportion  the  proper  amount  to 
each  district  entitled  thereto,  and  said  amount  shall  be  paid  by 
such  county  treasurer  to  such  district  upon  receipt  of  the  proper 
voucher  therefor  from  such  school  district.  The  general  as- 
sembly of  the  state  of  Missouri  shall  out  of  the  general  revenue 
fund  of  the  state  make  adequate  appropriation  for  carrying  out 
the  provisions  of  this  article.  (R.  S.  1919,  §  11311.) 

Sec.  11312.  Certificates  to  be  granted  by  state  superintend- 
ent of  public  schools. — Each  student  completing  in  a  satisfactory 
manner  at  least  a  two-year  course  in  such  city  training  school 
shall  be  granted  by  the  state  superintendent  of  public  schools  a 
certificate  authorizing  the  holder  thereof  to  teach  in  any  public 


Revised  School  Laws. 


115 


school  in  the  state  for  a  period  of  three  years.  After  sixteen 
months  of  successful  experience  in  teaching,  each  holder  of  such 
three-year  certificate  may  be  granted  by  the  state  superintendent 
a  professional  certificate  valid  to  teach  for  life  in  any  public 
school  in  the  state.  (R.  S.  1919,  §  11312.) 


ARTICLE  VIII. 

LAWS  APPLICABLE  TO  CERTAIN  SCHOOL  DISTRICTS. 


Sec. 

11313.  Board  may  loan  sinking  fund,   when 
and  how. 

11314.  Boards  in   certain   cities   to   purchase 
site,  when. 

11315.  Board  of  education  may  establish  free 
night  schools,  when. 

11310.   Districts  may  be  annexed  in  certain 

cases. 
11317.  Procedure. 


Sec. 

11318.  Election  to  be  held — to  be  conducted, 
how. 

11319.  Proceedings   if   proposition   to   annex 
carries. 

1 1320.  Maintenance  of  library. 

11321.  Delinquent,  dependent  and  neglected 
children,  where  sent  to  school. 

11322.  High  school  training  in  certain  coun- 
ties, etc. 


Sec.  11313.     Boards  may  loan  sinking  fund,  when  and  how. 

Whenever  any  school  district  in  any  county  in  this  state,  which 
now  has  or  hereafter  shall  adopt  township  organization,  shall 
accumulate  a  sinking  fund  for  the  payment  of  district  indebted- 
ness, the  board  of  directors  of  such  school  district  shall  have  the 
power  to  loan  such  sinking  fund  for  such  length  of  time  as  they 
shall  deem  proper,  such  time  not  to  extend  beyond  the  maturity 
of  the  district's  indebtedness.  Said  board  shall  not  loan  said 
money  for  a  less  rate  of  interest  than  four  per  cent,  per  annum, 
nor  for  a  greater  rate  than  eight  per  cent,  per  annum.  The 
security  which  shall  be  required  shall  be  unincumbered  real 
estate  of  at  least  double  the  value  of  the  amount  loaned,  and,  in 
addition,  the  borrower  may,  if  the  board  deem  it  necessary,  be 
required  to  give  a  note  or  bond,  with  one  or  more  solvent  sureties, 
to  be  approved  by  the  board  of  school  directors,  payable  to  the 
school  district  making  the  loan;  which  note  or  bond  shall  be 
described  in  and  secured  by  the  deed  of  trust  or  mortgage  on  the 
real  estate  given  as  security.  (R.  S.  1919,  §  11313.) 

While  it  is  improper  to  loan  school  money  on  a  second  mortgage,  such  mort- 
gage is  not  invalid.  Sharp  v.  Collins,  74  Mo.  266. 

Sec.  11314.  Boards  in  certain  cities  to  purchase  site,  when. 
In  all  such  school  districts  as  are  mentioned  in  article  IV  of  this 
chapter  that  have  or  that  may  hereafter  have  a  population  ex- 
ceeding five  thousand  and  not  exceeding  one  hundred  thousand 
inhabitants,  the  board  of  education  of  such  school  districts  shall 
have  full  power,  by  an  affirmative  vote  of  not  less  than  two- 
thirds  of  all  the  members  of  such  board,  to  locate  and  direct  and 
authorize  the  purchase  of  sites  for  schoolhouses,  libraries,  school 
offices  and  public  parks  and  play  grounds  adjacent  to  the  school- 
house  site  or  elsewhere  in  said  school  district,  and,  by  a  like  vote, 
to  direct  and  authorize  the  sale  of  any  real  estate  or  other 


116  Revised  School  Laws. 

property  belonging  to  such  school  districts;  and  if  two- 
thirds  of  the  members  of  such  board  shall  authorize  and  direct 
the  sale  of  such  real  estate,  same  shall  be  entered  of  record  by  the 
secretary,  together  with  the  terms  of  such  sale,  and  the  president 
of  such  board  shall,  in  the  name  of  such  board,  execute  the  neces- 
sary deed  or  deeds  of  conveyance  to  the  purchaser  or  purchasers 
thereof;  which  said  deeds  of  conveyance  shall  be  by  him  acknowl- 
edged as  other  deeds  conveying  real  estate  are  by  law  required 
to  be  acknowledged.  All  laws  and  parts  of  laws  in  conflict 
with  this  section  are  hereby  repealed.  (R.  S.  1919,  §  11314.) 

Sec.  11315.  Board  of  education  may  establish  free  night 
schools,  when. — The  board  of  education  in  school  districts  organ- 
ized under  the  provisions  of  article  IV,  article  XV  or  article 
XVI  of  chapter  102  of  the  Revised  Statutes  of  1919,  upon  the 
receipt  of  a  petition  signed  by  fifty  or  more  freeholders  request- 
ing such  action,  are  hereby  authorized  and  empowered  to  es- 
tablish and  maintain  free  night  schools,  to  make  all  necessary 
rules  and  regulations  therefor,  to  fix  the  rates  for  tuition  of  pupils 
above  the  age  of  twenty  years  and  of  such  others  as  are  not 
entitled  to  receive  free  public  school  privileges  in  the  district  in 
which  such  school  is  maintained,  and  to  have  general  charge  and 
control  over  such  school:  Provided,  that  such  boards  of  edu- 
cation may  grant  the  use  of,  or  lease,  any  of  the  public  school 
buildings  in  their  respective  districts  to  any  responsible  party 
or  parties  for  the  purpose  of  conducting  a  free  night  school 
therein:  Provided,  however,  that  when  the  use  of  a  school  build- 
ing is  granted  or  leased  for  the  above  named  purpose,  it  shall  be 
the  duty  of  the  party  or  parties  using  it  to  keep  it  clean  and  in 
good  repair  and  to  leave  it  in  as  good  condition  as  it  was  when 
they  took  charge  of  it:  Provided  further,  that  should  the  party  or 
parties  so  using  the  said  school  building  fail  to  comply  with  the 
provisions  of  this  section,  the  board  of  education  of  such  district 
shall  refuse  them  further  use  of  it  until  said  provisions  are  com- 
plied with.  (R.  S.  1919,  §  11315.) 

Sec.  11316.  Districts  may  be  annexed  in  certain  cases. 
Whenever  a  city  school  district  now  having  or  which  may  here- 
after attain  a  population  of  more  than  one  hundred  thousand 
and  less  than  three  hundred  thousand  inhabitants  shall  adjoin 
a  city  school  district  having  a  population  of  less  than  one  hundred 
thousand  inhabitants,  and  the  school  district  containing  the 
larger  population  shall  desire  to  extend  its  boundary  lines  so 
as  to  embrace  the  territory  of  the  district  having  the  lesser 
population,  together  with  the  territory  which  may  be  attached 
thereto  for  school  purposes,  s-uch  extension  may  be  accomplished 
in  the  manner  hereinafter  in  sections  11316  to  11321  prescribed. 
(R.  S.  1919,  §  11316.) 

Sec.  11317.  Procedure.  —  The  board  of  directors  of 
the  district  having  the  greater  population  shall  adopt  a  resolu- 
tion expressive  of  the  desire  of  their  said  district  to  extend  its 


Revised  School  Laws.  117 

limits  so  as  to  embrace  the  territory  of  the  district  having  the 
lesser  population,  together  with  the  territory  which  may  be 
attached  thereto  for  school  purposes,  and  requesting  the  board 
of  directors  of  such  smaller  district  to  order  a  special  election 
in  said  district  for  the  purpose  of  submitting  to  the  qualified 
voters  thereof  a  proposition  for  such  extension,  and  shall  cause 
to  be  delivered  to  the  president  of  the  board  of  directors  of  such 
smaller  district  a  copy  of  such  resolution,  certified  by  the 
secretary  of  the  board.  (R.  S.  1919,  §  11317.) 

Sec.  11318.     Election  to  be  held — to  be  conducted,  how. 

Within  thirty  days  after  the  delivery  of  a  copy  of  said  resolu- 
tion to  such  president,  the  board  of  directors  of  such  smaller 
district  shall,  by  resolution,  order  a  special  election  to  be  held 
in  such  district,  at  which  shall  be  submitted  to  the  qualified 
voters  of  the  district  the  question  whether  said  district,  with 
the  territory  attached  hereto  for  school  purposes,  shall  be  an- 
nexed to  and  become  a  part  of  the  district  having  the  greater 
population.  The  board  of  directors  shall  by  such  resolution  fix 
the  time  and  designate  the  places  at  which  such  special  election 
shall  be  held,  and  the  number  of  the  places  so  designated  shall 
not  be  less  than  one  in  each  city  ward  in  the  district.  Printed 
notices,  signed  by  the  president  and  secretary  of  the  board, 
stating  the  purposes  of  the  election,  and  the  time  and  places 
at  which  it  will  be  held,  shall  be  posted  in  at  least  ten  public 
places  in  the  district  at  least  twenty  days  before  the  day  of 
election.  The  election  shall  begin  at  seven  o'clock  a.  m.  and 
close  at  six  o'clock  p.  m.  The  board  of  directors  shall  appoint 
three  judges  of  election  for  each  polling  place  and  the  judges  at 
each  polling  place  shall  appoint  two  clerks.  The  judges  and 
clerks  shall  be  sworn,  and  the  election,  .except  as  herein  other- 
wise provided,  shall  be  conducted  in  the  same  manner  as  elec- 
tions under  article  II,  chapter  30  of  the  Revised  Statutes  of 
1919.  Should  such  school  district  embrace  territory  not  included 
in  the  limits  of  a  city,  the  qualified  voters  thereof  may  vote 
at  such  voting  precinct  as  they  would  be  attached  to:  Provided, 
the  lines  thereof  were  extended  and  produced  through  such 
adjoining  territory.  The  voting  shall  be  by  ballot.  Those 
voting  in  favor  of  such  annexation  shall  have  written  or  printed 
on  the  ballots  "for  annexation;"  and  those  voting  against  such 
annexation  the  words  "against  annexation."  The  ballots,  nec- 
essary poll  books  and  one  ballot  box  for  each  voting  place  shall 
be  furnished  by  the  board  of  directors.  Immediately  after  the 
close  of  the  election  the  ballots  shall  be  counted,  and  the  ballots, 
after  being  counted,  shall  be  sealed  up  in  a  package  and  delivered 
to  the  secretary  of  the  board  of  directors,  who  shall  deposit 
them  in  his  office,  where  they  shall  be  safely  preserved  for  twelve 
months,  and  said  secretary  shall  not  allow  the  same  to  be  in- 
spected unless  in  case  of  a  contested  election  or  the  same  become 
necessary  to  be  used  in  evidence,  and  then  only  on  the  order 
of  the  proper  court  or  the  judge  thereof  in  vacation,  under  such 


118  Revised  School  Laws. 

restrictions  for  their  safe-keeping  or  return  as  the  court  or  judge 
making  the  order  may  deem  necessary;  and  at  the  end  of  twelve 
months  such  secretary  shall  publicly  destroy  the  same  by  burning. 
The  result  of  the  election  shall  be  certified  by  the  judges  and 
clerks  to  the  secretary  of  the  board  of  directors,  who  shall  report 
the  same  to  the  board,  which  shall  order  the  same  duly  entered 
on  the  records  in  which  are  preserved  the  minutes  of  the  pro- 
ceedings of  the  board.  With  the  certificates  as  to  such  results, 
the  judges  shall  also  deliver  to  the  secretary  of  the  board  of 
directors  the  poll  books  and  the  ballot  boxes  used  at  such  special 
election.  (R.  S.  1919,  §  11318.) 

Sec.  11319.  Proceedings  if  proposition  to  annex  carries. 
If  at  such  election  a  majority  of  the  votes  cast  favor  such  an- 
nexation, the  board  of  directors  of  such  smaller  district  shall, 
within  thirty  days  after  the  election,  adopt  a  resolution  declar- 
ing the  result  of  the  election  to  be  in  favor  of  such  annexation, 
and  deliver  to  the  board  of  directors  of  the  larger  district  a 
copy  of  such  resolution,  whereupon  the  board  of  directors  of 
the  larger  district  shall,  within  fifteen  days  after  such  delivery, 
adopt  a  resolution  declaring  that  the  boundary  lines  of  such 
larger  district  are  extended  so  as  to  embrace  the  territory  of 
such  smaller  district,  together  with  the  territory  which  may 
have  been  attached  thereto  for  school  purposes.  Upon  the 
adoption  of  such  resolution,  such  extension  and  annexation  shall 
be  complete,  and  the  corporate  existence  of  such  smaller  district 
shall,  ipso  facto,  cease,  and  the  smaller  district,  together  with 
the  territory  which  may  have  been  attached  thereto  for  school 
purposes  become  annexed  to  and  be  a  part  of  such  larger  district, 
and  all  property  and  rights  of  every  kind  and  nature  belonging 
to  and  vested  in  such  smaller  district  shall,  by  operation  of  law, 
at  once  pass  to  and  vest  in  the  larger  district;  and  it  shall  be 
the  duty  of  all  officers  and  employes  of  such  smaller  district, 
having  custody  or  control  thereof,  to  surrender  and  deliver  the 
same  to  such  larger  district,  and  the  larger  district  shall  also, 
by  operation  of  law,  become  liable  to  pay  all  the  debts  and 
liabilities  of  such  smaller  district.  (R.  S.  1919,  §  11319.) 

Sec.  11320.  Maintenance  of  library. — Should  there  be  in 
such  smaller  district  a  library  building,  and  a  library  established 
therein,  the  board  of  directors  of  the  larger  district,  after  such 
annexation  shall  have  been  accomplished,  shall  have  the  power, 
if  they  shall  deem  it  for  the  best  interests  of  the  district,  to 
maintain  such  building  and  library,  and  to  appropriate  to  its 
support  and  maintenance  such  sums  as  they  may  deem  proper. 
(R.  S.  1919,  §  11320.) 

Sec.  11321.  Delinquent,  dependent  and  neglected  children, 
where  sent  to  school. — The  boards  of  managers  of  houses  of 
refuge,  houses  of  correction,  orphan  asylums,  or  any  public 
institutions  having  charge  of  delinquent  or  dependent  and  neg- 
lected children,  in  cities  now  having  or  which  may  hereafter 


Revised  School  Laws. 


119 


have  one  hundred  thousand  inhabitants  or  over,  shall  have  power 
to  arrange  with  the  public  school  authorities  of  such  cities  for 
the  education,  schooling,  instruction  and  training  of  such  chil- 
dren. (R.  S.  1919,  §  11321.) 

Sec.  11322.  High  school  training  in  certain  counties- 
tuition — how  paid. — In  counties  now  or  hereafter  having  eighty 
thousand  inhabitants  or  more,  and  which  now  or  may  hereafter 
adjoin  a  city  now  or  hereafter  having  five  hundred  thousand  in- 
habitants or  more,  any  person  of  school  age,  who  is  a  resident  of  a 
school  district  which  does  not  offer  a  four-year  high  school 
course,  and  which  person  has  completed  the  course  approved  by 
the  department  of  public  instruction  for  such  school  district*  such 
person  shall  be  permitted  to  attend  any  public  high  school  in 
such  county.  Any  person  applying  for  admission  to  any  high 
school  under  the  provisions  of  this  law  shall  present  to  the  officials 
of  said  high  school,  to  which  he  desires  to  attend,  the  affidavit 
of  his  or  her  father,  mother  or  guardian  that  such  applicant  is  of 
school  age  and  a  resident  of  a  school  district  of  said  county, 
specifying  the  district  and  that  the  district  in  which  he  resides 
does  not  offer  a  four-year  high  school  course.  He  shall  also 
present  a  certificate,  signed  by  the  county  superintendent,  show- 
ing that  he  has  completed  the  work  in  the  eight  elementary  grades 
as  set  forth  in  the  state  course  of  study.  The  school  district  in 
which  such  student  resides  shall  pay  to  the  secretary  of  the 
school  board  of  the  district  in  which  such  student  shall  be  per- 
mitted to  attend  a  tuition  fee  equal  to  the  average  cost  per  pupil 
for  maintaining  said  high  school  during  such  attendance,  which 
shall  not  exceed,  however,  a  total  period  of  four  years;  such  pay- 
ment to  be  made  out  of  the  teachers'  and  contingent  funds  of  the 
debtor  school  district,  and  such  tuition  fees  so  collected  by  the 
secretary  shall  be  turned  over  by  him  with  an  itemized  statement 
to  the  treasurer  of  said  school  district  on  or  before  February  15th 
and  June  15th  of  each  year:  Provided,  the  maximum  fee  collected 
from  any  district  for  each  pupil  shall  not  exceed  the  sum  of  four 
($4.00)  dollars  per  month.  (R.  ,S.  1919,  §  11322.) 


ARTICLE  IX. 


COMPULSORY  ATTENDANCE   OF   CHILDREN. 


Sec. 


to 


11323.  Parents    and    guardians    required 
send  children  to  school. 

11324.  Child    may    be   excused    temporarily, 
when. 

11325.  Attendance  officers — how  appointed. 

11326.  Teachers  to  be  furnished  enumeration 
lists. 

11327.  Truant  or  parental  schools. 


Sec. 

11328.  Part-time  school — attendance — when. 

11329.  Enforcement  of  compulsory  school  at- 
tendance. 

11330.  Violation  of  this  article — how  prose- 
cuted. 

11331.  Certain    persons    authorized    to      ad- 
minister  oaths   and  to   furnish  certifi- 
cates of  same. 


Sec.  11323.     Parents  and  guardians  required  to  send  chil- 
dren to  school. — Every  parent,  guardian  or  other  person  in  this 


120  Revised  School  Laws. 

state  having  charge,  control  or  custody  of  a  child  between  the 
ages  of  seven  and  fourteen  years  shall  cause  such  child  to  attend 
regularly  some  day  school,  public,  private,  parochial  or  parish, 
not  less  than  the  entire  time  the  school  which  said  child  attends 
is  in  session,  or  shall  provide  such  child  at  home  with  such  regular 
daily  instruction  during  the  usual  hours  as  shall,  in  the  judgment 
of  a  court  of  competent  jurisdiction,  be  substantially  equivalent 
at  least  to  the  instruction  given  the  children  of  like  age  at  said 
day  school  in  the  locality  in  which  said  child  resides;  and  every 
parent  or  person  in  this  state  having  charge,  control  or  custody 
of  a  child  between  the  ages  of  fourteen  and  sixteen  years,  who  is 
not  actually  and  regularly  and  lawfully  engaged  for  at  least  six 
hours  each  day  in  some  useful  employment  or  service,  shall  cause 
said  child  to  attend  regularly  some  day  school  as  aforesaid: 
Provided,  that  a  child  between  the  ages  aforesaid  may  be  excused 
temporarily  from  complying  with  the  provisions  of  this  section, 
in  whole  or  in  part,  if  it  be  shown  to  the  satisfaction  of  the 
attendance  officer,  or  if  he  declines  to  excuse,  to  the  satisfaction 
of  a  court  of  competent  jurisdiction,  that  said  child  is  mentally 
or  physically  incapacitated  to  attend  school  for  the  whole  period 
required,  or  any  part  thereof,  or  that  said  child  has  completed 
the  common  school  course  as  prescribed  by  constituted  authority, 
or  its  equivalent,  and  has  received  a  certificate  of  graduation 
therefrom.  (R.  S.  1919,  §  11323.) 

Board  had  power  to  exclude  all  children  who  had  not  been  vaccinated  when 
a  smallpox  epidemic  was  threatened.  The  parents,  however,  are  not  guilty  of 
violating  the  compulsory  school  law  in  refusing  to  have  their  children  vaccinated 
in  accordance  with  a  rule  of  the  directors,  which  was  a  condition  precedent  to  the 
children's  right  to  attend  school.  State  ex  rel.  v.  Cole,  220  Mo.  697,  119  S.  W.  424. 

Sec.  11324.  Child  may  be  excused  temporarily,  when.— 
The  foregoing  section  shall  apply  to  feeble-minded,  deaf,  blind 
and  crippled  children  where  special  classes  are  provided  for  them 
as  directed  in  sections  11147,  11148  and  11149  of  the  Revised 
Statutes:  Provided,  however,  that  the  parent,  guardian  or  other 
person  in  this  state  having  charge,  control  or  custody  of  such 
feeble-minded,  deaf,  blind  and  crippled  children  for  whom  special 
classes  are  provided,  may  provide  such  child  at  home  with  such 
regular  daily  instruction  during  the  usual  hours  as  shall,  in  the 
judgment  of  a  court  of  competent  jurisdiction,  be  substantially 
equivalent  at  least  to  the  instruction  given  the  children  of  like 
development  in  such  special  classes.  (R.  S.  1919,  §  11324.) 

Sec.  11325.  Attendance  officers — how  appointed. — The 
county  superintendent  of  schools  in  each  county  shall  select  a 
person  of  good  moral  character  to  act  as  school  attendance  officer 
for  the  county.  The  person  so  selected  shall  file  with  the  clerk 
of  the  county  court  his  acceptance  and  oath  of  office  and  bond  of 
one  thousand  dollars  ($1,000.00)  with  two  sufficient  sureties  to 
be  approved  by  the  county  clerk.  The  person  so  selected  shall 
be  known  as  the  county  school  attendance  officer  and  he  shall 
have  the  power  of  a  deputy  sheriff  in  the  performance  of  the 


Revised  School  Laws.  121 

duties  of  school  attendance  officer  in  all  school  districts  of  the 
county  when  directed  so  to  do  by  the  county  superintendent  of 
schools,  except  as  hereinafter  provided:  Provided,  that  the 
board  of  education  in  school  districts  organized  under  the  provi- 
sions of  article  IV,  article  XV  and  article  XVI  of  chapter  102  of 
the  Revised  Statutes  of  the  state  of  Missouri,  1919,  may  appoint 
and  remove  at  pleasure  one  or  more  school  attendance  officers 
and  shall  pay  them  from  the  public  school  funds;  and  provided 
further,  that,  if  any  board  of  education  in  any  school  district 
organized  under  the  provisions  of  the  aforesaid  articles  does  not 
appoint  a  school  attendance  officer,  the  county  school  attendance 
officer  shall  act  in  such  district.  The  compensation  of  the  county 
school  attendance  officer  shall  be  fixed  by  the  county  court  of 
each  county  on  recommendation  of  the  county  superintendent  of 
schools:  Provided,  however,  that  this  compensation  shall  not  be 
more  than  four  dollars  ($4.00)  per  day  for  each  day  actually 
engaged  in  the  discharge  of  his  duties  and  his  actual  expenses 
incurred  in  the  discharge  of  his  duties,  except  when  the  county 
superintendent  of  public  welfare  is  serving  as  county  school 
attendance  officer,  and  all  bills  for  such  service  shall  be  itemized 
and  certified  by  said  school  attendance  officer  and  approved  by 
the  county  superintendent  of  schools  and  paid  by  the  county 
court  in  the  same  manner  as  the  county  officers  are  paid.  The 
attendance  officer  or  officers,  as  aforesaid,  shall  have  the  right 
to  investigate  the  claims  of  children  for  exemptions  under  section 
11323,  and  to  issue  certificates  of  exemption  when  such  claims 
are  established  to  his  or  their  satisfaction;  shall  serve  written  or 
printed  notices  upon  the  parents  or  guardians  or  persons  who, 
having  charge,  control  or  custody  of  children,  as  aforesaid,  violate 
the  provisions  of  said  sections;  shall,  when  reasonable  doubt  exists 
as  to  the  age  of  any  such  child,  require  a  properly  attested  birth 
certificate  or  an  affidavit  stating  such  child's  age,  giving  date  of 
birth,  physical  characteristics  and  bearing  the  signature  of  the 
child;  shall  have  the  right  to  visit  and  enter  any  mine,  office, 
factory,  workshop,  business  house,  place  of  amusement,  or  other 
place  in  which  children  are  employed  or  engaged  in  any  kind  of 
service,  or  any  place  or  building  in  which  children  loiter  or  idle 
during  school  hours;  shall  have  the  right  to  require  a  properly 
attested  certificate  of  the  attendance  of  any  child  or  children  at 
such  day  school;  shall  have  the  power  to  arrest,  without  warrant, 
any  truant,  or  nonattendants  or  other  juvenile  disorderly  persons, 
and  place  them  in  some  school,  or  take  them  to  their  homes,  or 
take  them  to  any  place  of  detention  provided  for  neglected 
children  in  such  county  or  school  district;  shall  serve  in  the  cases 
which  they  prosecute  without  further  fee  or  compensation  than 
that  paid  by  the  board  as  aforesaid,  and  shall  carry  into  effect 
such  other  regulations  as  may  lawfully  be  required  by  the  board 
or  superintendent  appointing  them.  Whenever  a  county  super- 
intendent of  public  welfare  has  been  appointed  in  any  county, 
such  county  superintendent  of  public  welfare  may  be  appointed 


122  Revised  School  Laws. 

by  the  county  superintendent  of  schools  as  the  county  school 
attendance  officer,  with  such  additional  compensation  as  may  be 
fixed  by  the  county  court.  (R..S.  1919,  §  11325.) 

Sec.  11326.  Teachers  to  be  furnished  enumeration  list— 
It  shall  be  the  duty  of  the  secretary  of  the  board  in  city,  town 
and  village  schools  and  of  the  clerk  of  the  board  in  other  districts 
to  furnish  all  teachers  of  their  district  at  the  beginning  of  the 
term  with  a  copy  of  the  last  enumeration  of  the  district:  Provided, 
that  this  provision  relating  to  the  enumeration  list  shall  not  apply 
to  school  districts  that  have  appointed  a  full-time  school 
attendance  officer,  as  provided  in  section  11325.  The  teacher 
shall  compare  this  list  with  the  enrollment  and  report  to  the 
county  superintendent  of  schools  at  the  end  of  each  week  during 
the  first  month,  once  a  month  thereafter,  and  oftener  if  necessary, 
the  names  of  all  nonattendants  between  the  ages  of  seven  and 
sixteen,  together  with  the  names  of  their  parents  or  guardians, 
of  all  such  nonattendants.  The  county  superintendent  shall 
immediately  have  an  investigation  made  by  his  county  school 
attendance  officer,  and  any  parent  or  guardian  or  person  who, 
having  charge,  control  or  custody  of  any  child  between  the  ages 
of  seven  and  sixteen  years,  violates  any  provision  of  sections 
11323  to  11329,  shall  be  warned  by  said  officer  as  soon  as  possible 
after  the  beginning  of  the  public  school  term  of  the  district  in 
which  such  child  resides  and  also  at  any  time  thereafter  to  place 
and  keep  said  child  in  regular  attendance  at  some  day  school 
within  three  days  from  the  service  of  said  written  or  printed 
notice,  after  the  lapse  of  three  days  from  the  date  of  the  service 
of  said  notice  or  warning,  said  parent  or  guardian  or  person  hav- 
ing charge,  control  or  custody  of  any  such  child  shall  be  deemed 
guilty  of  a  misdemeanor,  and  said  school  attendance  officer  shall 
make  complaint  against  said  parent,  guardian  or  other  person 
in  charge  of  such  child  before  the  judge  of  the  juvenile  division 
of  the  circuit  court  or  before  a  justice  of  the  peace  in  the  county 
where  the  party  resides  for  refusal  or  neglect  to  send  such  child  or 
children  to  school;  said  judge  or  justice  shall  issue  a  warrant  upon 
said  complaint,  returnable  forthwith,  and  upon  the  appearance 
of  the  defendant,  shall  proceed  to  hear  and  determine  the  same 
in  the  same  manner  as  is  provided  by  the  statutes  for  other  cases 
under  his  jurisdiction,  and  upon  conviction  of  violation  of  the 
aforesaid  sections  said  parent,  guardian  or  other  person  having 
control  or  custody  of  such  child  shall  pay  a  fine  of  not  less  than 
ten  dollars  and  not  more  than  twenty-five  dollars,  or  to  be  im- 
prisoned for  not  less  than  two  days  and  not  more  than  ten  days, 
or  by  both  such  fine  and  imprisonment:  Provided,  that  said 
sentence  of  fine  or  imprisonment,  or  both,  may  be  suspended  and 
finally  remitted  by  the  court,  with  or  without  the  payment  of 
costs,  at  the  discretion  of  the  court,  if  the  said  child  be  immediate- 
ly placed  and  kept  in  regular  attendance  in  some  day  school  as 
aforesaid,  and  if  such  fact  of  regular  attendance  is  proven  sub- 


Revised  School  Laws.  123 

sequently  to  the  satisfaction  of  said  court  by  a  properly  attested 
certificate  of  attendance  by  the  superintendent,  principal  or 
person  in  charge  of  said  day  school.  (R.  S.  1919,  §  11326, 
amended  Laws,  1921,  H.  B.  342.) 

Sec.  11327.  Truant  or  parental  schools. — The  board  hav- 
ing charge  of  the  public  schools  of  any  district  now  having,  or 
which  may  hereafter  have,  10,000  inhabitants  or  more,  may 
establish  and  maintain  from  the  public  school  funds  one  or  more 
special  truant  or  parental  schools  in  such  city  or  district  for 
children  who  are  either  habitual  truants  from,  any  day  school 
in  which  they  are  enrolled  as  pupils,  or  who,  while  in  attend- 
ance at  any  school  are  incorrigible,  vicious,  or  immoral,  or  who 
habitually  wander  or  loiter  about  the  streets  or  roads,  or  other 
public  places  without  lawful  employment,  or  who,  in  the  opinion 
of  such  board  or  of  its  superintendent  of  instruction,  require 
special  attention  and  instruction;  all  such  children  may  by  said 
school  board,  through  its  officers,  be  assigned  to  and  required 
and  compelled  to  attend  such  special  truant  or  parental  school, 
or  any  department  of  the  graded  schools  as  such  board  may 
direct;  and  any  such  board  of  education  may  also  establish  and 
maintain  from  the  public  school  funds,  either  within  or  without 
its  district,  a  parental  school  for  the  care  and  education  of 
any  child  resident  of  said  school  district  adjudged  to  be  a  delin- 
quent and  committed  to  it  by  any  court  of  competent  jurisdic- 
tion therein:  Provided,  however,  that  for  every  such  delinquent 
child  thus  committed  to  such  school  there  shall  be  paid  to  such 
board  of  education  out  of  the  treasury  of  said  city  or  county 
the  sum  of  ten  ($10.00)  dollars  per  month  for  the  support, 
maintenance,  clothing  and  other  expenses  of  such  child  from 
the  time  of  its  entrance  into  said  school  until  its  discharge 
therefrom.  (R.  S.  1919,  §  11327.) 

Sec.  11328.     Part-time    school  -  -  attendance  -  -  when.  - 

Whenever  the  board  of  education  or  board  of  directors  of  any 
school  district  in  this  state  shall  have  established  part-time  in- 
struction in  continuation  schools  for  children  under  sixteen  years 
of  age,  lawfully  engaged  in  any  regular  employment,  all  such 
children  shall  be  required  to  attend  such  school  not  less  than 
four  hours  a  week  between  the  hours  of  eight  o'clock  in  the 
morning  and  five  o'clock  in  the  evening  during  the  school  year  of 
such  part-time  classes:  Provided  juriher,  that  whenever  the  part- 
time  classes,  herein  provided  for,  shall  have  been  established  in 
any  school  district,  that  all  children  who  are  under  eighteen  years 
of  age,  who  have  not  completed  the  elementary  school  course  in 
the  public  schools  of  Missouri,  or  its  equivalent,  and  who  are 
not  attending  regularly  any  day  school  shall  be  required  to  attend 
regularly  such  part-time  classes  not  less  than  four  hours  a  week 
between  the  hours  of  eight  o'clock  in  the  morning  and  five  o'clock 
in  the  afternoon  during  the  school  year  of  such  part-time  classes. 
(R.  S.  1919,  §  11328.) 


124  Revised  School  Laws. 

Sec.  11329.  Enforcement  of  compulsory  school  attendance. 
—It  shall  be  the  duty  of  the  state  superintendent  of  schools,  of 
superintendents  of  instruction,  of  boards  of  education  in  this 
state,  of  the  county  superintendents  of  schools,  of  the  county 
superintendents  of  public  welfare,  and  of  every  school  attend- 
ance and  probation  officer,  to  enforce  all  laws  relating  to  compul- 
sory school  attendance.  (R.  S.  1919,  §  11329.) 

Sec.  11330.  Violations  of  this  article — how  prosecuted.— 
Prosecutions  under  sections  11323  to  11329  shall  be  brought  in 
the  name  of  the  state  of  Missouri.  The  circuit  court  shall  have 
concurrent  jurisdiction  with  the  court  having  general  jurisdic- 
tion over  misdemeanors  to  try  and  determine  any  cases  of  viola- 
tion of  the  provisions  of  said  sections  and  shall  also  have  juris- 
diction to  determine  exemptions  under  section  11324  and  a 
general  supervisory  jurisdiction  over  the  enforcement  of  the 
provisions  of  said  sections.  (R.  S.  1919,  §  11330.) 

Sec.  11331.  Certain  persons  authorized  to  administer 
oaths  and  to  furnish  certificates  of  same. — Superintendents, 
principals  and  persons  in  charge  of  schools  and  attendance 
officers  are  authorized  to  administer  oaths  and  to  take  the 
affidavits  of  parent,  guardian  or  other  person  having  charge, 
control  or  custody  of  children,  concerning  the  ages  of  children, 
and  to  furnish  children  with  certificates  of  such  affidavits;  such 
certificates  must  have  attached  the  signature  of  the  child  for 
whom  it  is  issued,  the  signature  of  the  persons  who  made  and 
took  the  affidavit,  and  the  seal  of  the  board  having  charge 
of  public  schools.  The  aforesaid  certificates  shall  contain  the 
description  of  the  color  of  eye  and  hair  of  the  child  to  whom  it 
is  issued.  (R.  S.  1919,§  11331.) 

Note.— Sees.  11323  to  11330  not  applicable  to  cities  of  500,033  or  over.      (See  Sec.  13, 
Laws  1917,  p.  428.) 


ARTICLE  X. 


STATE   SUPERINTENDENT. 


Sec. 

11332.  State     superintendent — election     and 
term  of  office. 

11333.  Bond  and  qualification. 

11334.  Powers  and  duties. 

11335.  May  employ  chief  clerk — salary. 

11336.  Annual  report  of  state  superintendent 
— shall  inspect  schools. 

11337.  Classification  of  high  schools— work  to 
be  accredited. 


Sec.  * 

11338.  High  school  inspection  by  state  super- 
intendent. 

11339.  Blanks  for  reports. 

11340.  Restrictions  and  penalties. 

11341.  Reports    to    state    superintendent    of 
schools. 

11342.  Disposition  of  reports. 


Sec.  11332.  State  superintendent — election  and  term  of 
office. — There  shall  be  elected  by  the  qualified  voters  of  this 
state,  at  the  next  general  election  for  state  and  county  officers, 
and  every  four  years  thereafter,  a  state  superintendent  of  public 
schools,  who  shall  enter  upon  the  discharge  of  his  duties  on 


Revised  School  Laws.  125 

the  second  Monday  of  January  next  following  his  election,  and 
hold  his  office  for  the  term  of  four  years  and  until  his  successor 
is  elected  and  qualified.  The  election  of  said  superintendent 
and  the  returns  thereof  shall  be  the  same  in  all  respects  as 
provided  for  the  election  of  other  state  officers;  and  in  case  of 
vacancy  occurring  in  said  office,  by  death,  resignation  or  other- 
wise, the  governor  shall  fill  the  same  by  appointment,  who 
shall  hold  his  office  until  the  next  general  election.  (R.  S. 
1919,  §  11332.) 

Sec.  11333.  Bond  and  qualification. — Before  entering  upon 
the  discharge  of  his  official  duties,  the  said  superintendent  shall 
give  bond  in  the  penal  sum  of  ten  thousand  dollars  to  the  state 
of  Missouri,  with  two  or  more  sureties,  to  the  acceptance  of  the 
secretary  of  state,  conditioned  that  he  will  truly  account  for  and 
apply  all  moneys  or  other  property  which  may  come  into  his 
hands,  in  his  official  capacity,  for  the  use  and  benefit  of  public 
schools,  and  that  he  will  faithfully  perform  the  duties  enjoined 
upon  him  by  law;  and  he  shall  take  and  subscribe  the  oath  or 
affirmation  required  by  the  Constitution  of  the  state,  and 
diligently  and  faithfully  discharge  the  duties  of  his  office  as 
prescribed  by  law;  which  bond,  with  certificate  endorsed  there- 
on, shall  be  filed  with  the  secretary  of  state.  (R.  S.  1919, 
§  11333.) 

Sec.  11334.  Powers  and  duties. — He  shall  reside  and  the 
books  and  papers  of  his  department  shall  be  kept  at  the  seat 
of  government,  where  a  suitable  office  shall  be  provided  by  the 
state,  at  which  he  shall  give  his  attendance  when  not  absent 
on  public  business.  He  shall  exercise  such  supervision  over  the 
educational  funds  of  the  state  as  may  be  necessary  to  secure 
their  safety  and  correct  application  and  distribution  according 
to  law.  He  shall  also  have  power  to  require  of  county  clerks 
or  treasurers,  boards  of  education  of  other  school  officers,  re- 
corders and  treasurers  of  cities,  towns  and  villages,  copies  of  all 
records  by  them  required  to  be  made,  and  all  such  other 
information  in  relation  to  the  funds  and  condition  of 
schools  and  the  management  thereof  as  may  be  deemed  impor- 
tant; and  he  shall  cause  as  many  copies  of  the  law  relating  to 
schools,  with  instructions  for  carrying  into  execution  of  such 
laws,  to  be  printed  in  a  separate  volume  and  distributed  to  each 
county  in  the  state,  for  the  use  of  school  officers  therein,  and 
all  the  blanks  that  may  be  necessary  for  the  supply  of  all  officers 
provided  for  by  this  chapter,  as  often  as  any  change  in  said 
laws  may  be  made  of  sufficient  importance,  in  the  opinion  of 
the  superintendent,  to  require  re-publication  and  distribution 
thereof;  and  all  moneys  necessarily  expended  in  performance  of 
the  duties  required  in  this  section  shall  be  allowed  by  the  auditor 
and  paid  out  of  the  state  treasury.  He  shall  also  have  authority 
to  examine  teachers  and  grant  certificates  of  qualifications  to 
those  who  pass  a  satisfactory  examination,  but  the  applicant 


126  Revised  School  Laws. 

shall  not  be  charged  any  fee  for  such  examination  or  certificate, 
nor  shall  the  state  superintendent  receive  any  fee  or  compensa- 
tion therefor;  and  any  person  holding  such  certificate  from  him 
shall  be  permitted  to  teach  without  further  examination  from 
other  authorized  examiners.  Said  certificate  may  be  revoked 
by  the  state  superintendent  for  incompetency,  cruelty,  immor- 
ality, drunkenness  or  neglect  of  duty.  (R.  S.  1919,  §  11334.) 

State  superintendent's  insiruciions. — The  instructions  for  carrying  into  effect 
the  school  laws  prepared  by  state  superintendent  of  schools  under  the  provisions 
of  this  section  are  not  binding  on  the  courts,  but  when  such  instructions  are  prac 
tical,  they  have  great  weight  with  the  courts  in  determining  the  true  meaning 
of  the  law.  State  ex  rel.  v.  Job,  205  Mo.  1,  103  S.  W.  498.  . 

The  state  superintendent  has  no  authority  to  correct  a  fraudulent  enum- 
eration and  withhold  a  county's  share  of  the  apportionment  of  state  money  on  that 
account.  State  ex  rel.  Randolph  Co.  v.  Evans,  240  Mo.  95,  145  S.  W.  40. 

Sec.  11335.  May  employ  chief  clerk — salary. — The  state 
superintendent  shall  be  entitled  to  employ  a  chief  clerk,  who 
shall  sustain  the  same  relations  to  the  state  superintendent  as 
are  sustained  by  the  chief  clerks  of  other  state  officers.  The 
chief  clerk  shall  perform  such  clerical  and  other  work  as  may 
be  directed  by  the  state  superintendent,  and  shall  hold  his 
office  at  the  pleasure  of  the  state  superintendent.  (R.  S.  1919, 
§  11335.) 

Sec.  11336.  Annual  report  of  state  superintendent — shall 
inspect  schools. — It  shall  be  the  duty  of  said  superintendent 
of  public  schools  to  make  an  annual  report  on  or  before  the 
first  Wednesday  in  January,  in  each  and  every  year,  to  the 
general  assembly,  when  that  body  shall  be  in  session  any  such 
year;  and  when  not  in  session  any  one  year,  then  the  report 
shall  be  made  to  the  governor,  who  shall  cause  the  same  to 
be  published,  and  shall  also  communicate  a  copy  thereof  to  the 
next  general  assembly.  The  state  superintendent,  in  the  annual 
report  of  his  labors  and  observations,  shall  present  a  statement 
of  the  condition  and  amount  of  all  funds  and  property  appro- 
priated for  purposes  of  education;  a  statement  of  the  number 
of  public  schools  in  the  state,  the  number  of  pupils  attending 
such  schools,  their  sex,  and  the  branches  taught;  a  statement 
of  the  number  of  teachers  employed,  their  sex,  the  average 
amount  of  wages  paid  to  such  teachers,  statistics  showing  the 
amount  of  professional  training  had  by  teachers  in  the  schools 
of  the  state;  a  statement  of  the  estimates  and  accounts  of  the 
expenditures  of  public  school  funds  of  every  description;  a  state- 
ment of  plans  for  the  management  and  improvement  of  public 
schools,  and  such  other  information  relative  to  the  educational 
interests  of  the  state  as  'he  may  deem  important.  He  shall,  in 
person  or  by  deputy,  confer  with  and  advise  county  officers  on  all 
matters  pertaining  to  the  school  law  and  school  directors,  and 
all  other  school  officers,  teachers  and  patrons  of  the  public 
schools.  He  shall  have  power,  in  person  or  by  deputy,  to  visit 
and  inspect  schools,  and  make  suggestions  in  regard  to  the 


Revised  School  Laws.  127 

subject  matter  and  methods  of  instruction  offered,  the  control 
and  government  of  the  school,  and  the  care  and  keeping  of  all 
school  property.  He  shall  have  power  to  attend  and  assist  in 
meetings  of  teachers,  directors  or  patrons,  and  to  in  every  way 
elevate  the  standard  and  efficiency  of  the  instruction  given  in 
the  public  schools  of  the  state.  All  moneys  reasonably  expended 
in  the  execution  of  these  duties,  as  prescribed  by  this  section, 
shall,  upon  due  proof,  be  allowed  by  the  auditor,  and  paid  out 
of  the  state  treasury:  Provided,  that  no  personal  expenses  be 
included  in  the  above  allowance.  (R.  S.  1919,  §  11336.) 

Sec.  11337.  Classification  of  high  schools — work  to  be 
accredited. — The  state  superintendent  of  public  schools  shall 
have  authority  to  classify  the  public  high  schools  in  the  state 
into  first,  second  and  third  classes,  and  shall  prescribe  minimum 
courses  of  study  for  each  class:  Provided,  that  no  school  shall 
be  classed  as  a  high  school  of  the  first  class  which  does  not 
maintain  a  four  years'  course  of  standard  work  in  English, 
mathematics,  science  and  history  for  a  term  of  at  least  nine 
months  in  the  year,  and  which  does  not  employ  the  entire  time 
of  at  least  three  approved  teachers  in  high  school  work;  that 
no  school  shall  be  classed  as  a  high  school  of  the  second  class 
which  does  not  maintain  a  three  years'  course  of  standard  work 
in  English,  mathematics,  science  and  history  for  a  term  of  at 
least  nine  months  in  the  year,  and  which  does  not  employ  the 
entire  time  of  at  least  two  approved  teachers  in  high  school 
work;  that  no  school  shall  be  classed  as  a  high  school  of  the 
third  class  which  does  not  maintain  a  two  years'  course  of 
standard  work  in  English,  mathematics,  science  and  history  for 
a  term  of  at  least  eight  months  in  the  year,  and  which  does 
not  employ  the  entire  time  of  at  least  one  approved  teacher 
in  high  school  work.  All  work  completed  in  an  accredited  high 
school  shall  be  given  full  credit  in  requirements  for  entrance  to 
and  classification  in  any  educational  institution  supported  in 
whole  or  in  part  by  state  appropriations.  (R.  S.  1919,  §  11337.) 

Sec.  11338.  High  school  inspection  by  state  superin- 
tendent.— For  the  purpose  of  classifying  high  schools  and  having 
their  work  accredited  by  higher  educational  institutions,  the 
state  superintendent  of  public  schools  shall,  in  person  or  by 
deputy,  inspect  and  examine  any  high  school  making  applica- 
tion for  classification,  and  he  shall  prescribe  rules  and  regula- 
tions governing  such  inspections  and  examinations,  and  keep 
complete  record  of  all  inspections,  examinations  and  recom- 
mendations made.  He  shall,  from  time  to  time,  publish  lists 
of  classified  high  schools:  Provided,  he  ma>*  drop  any  school 
in  its  classification  if,  on  reinspection  or  re-examination,  he 
finds  that  such  school  does  not  maintain  the  required  standard 
of  excellence.  (R.  S.  1919,  §  11338.) 

Sec.  11339.  Blanks  for  reports.— The  blanks  for  the  re- 
ports required  to  be  made  by  the  various  school  officers  under 


128 


Revised  School  Law$. 


the  provisions  of  this  chapter  shall  be  printed  under  the  direction 
of  the  commissioners  of  public  printing,  in  the  form  prescribed 
by  the  state  superintendent  of  public  schools,  to  be  paid  for 
in  like  manner  and  upon  the  same  terms  as  other  public  printing. 
(R.  S.  1919,  §  11339.) 

Sec.  11340.  Restrictions  and  penalties. — The  state  super- 
intendent shall  not  act  as  agent  for  any  author,  publisher  or 
bookseller,  or  manufacturer  or  vendor  of  school  furniture  or 
apparatus,  nor  directly  or  indirectly  receive  any  gift,  emolument, 
reward,  or  promise  of  reward,  for  his  influence  in  recommending 
or  procuring  the  use  of  any  text-book,  school  apparatus  or 
furniture  of  any  kind  whatever  in  any  public  school.  Any 
superintendent  who  shall  violate  the  provisions  of  this  section, 
shall  be  guilty  of  a  felony,  and  shall,  upon  conviction  thereof, 
be  punished  by  imprisonment  in  the  penitentiary  for  a  period 
of  not  less  than  two  years;  and  the  provisions  of  this  section 
shall  apply  to  county  superintendents.  (R.  S.  1919,  §  11340.) 

Sec.  11341.  Reports  to  state  superintendent  of  schools.— 
Reports  to  state  superintendent  of  schools. — The  curators  of 
the  state  university,  the  trustees  of  other  state  institutions  for 
the  purposes  of  education,  and  others  having  authority,  and 
being  required  by  law  so  to  do,  shall  report  to  the  state  superin- 
tendent of  public  schools  on  or  before  the  31st  day  of  August 
of  each  year,  concerning  conditions,  improvements  and  necessities 
of  said  institutions,  which  reports  shall  be  published  as  a  part 
of  the  state  superintendents'  annual  report.  (R.  S.  1919,  § 
11341.  Amended  laws  1921,  H.  B.  520.) 

Sec.  11342.  Disposition  of  reports. — Fifty  copies  of  such 
report  shall  be, reserved  for  the  use  of  each  public  institution 
so  reporting,  and  ten  copies  shall  be  bound  in  suitable  mannfir 
and  preserved  in  the  state  library.  (R.  S.  1919,  §  11342.) 


Art.  XI  will  become  obsolete  if  county  unit  bill  becomes  a  law. 

ARTICLE  XL 


Sec. 
11343. 


11344. 
11345. 


11346. 
11347. 


11348. 
11349. 
11350. 


COUNTY  SUPERINTENDENTS. 


County  superintendents  —  qualifica- 
tions— term  of  office. 
Election  returns,  how  certified — duty 
of  county  clerk. 

Superintendent    to    take    oath,    give 
bond  —  keep  office,  where  —  county 
court  to  furnish  supplies. 
Superintendent's  powers  and  duties. 
Public  meetings  —  course  of  study  — 
grade  schools — system  of  graduation 
and  examination — guard  school  mon- 
eys. 

County  teachers'  associations  —  ex- 
penses, how  paid. 

Make  statistical   report   annually  — 
shall  require  report  from  teachers. 
County     superintendent     to     furnish 
blanks  to  school  officers. 


Sec. 

11351.  Superintendent  shall  not  teach — must 
study  rural  school  problems  and  super- 
vision. 

11352.  Salaries  of  county  superintendents. 

11353.  Salaries  of  county  superintendents  in 
certain  counties. 

11354.  Method  of  ascertaining  population  to 
determine  salary  of  county  superin- 
tendents. 

11355.  Traveling  expenses  and  clerical  help 
of  county  superintendent. 

11356.  County  school  superintendent  to  call 
meetings,  when — to  provide  place  of 
meeting — for  what  purpose. 

11357.  Officers  of  school  district  shall  attend 
meetings — compensation. 


Revised  School  haws.  129 

Sec.  11343.  County  superintendents — qualifications— term 
of  office. — There  is  hereby  created  the  office  of  county  superin- 
tendent of  public  schools  in  each  and  every  county  in  the  state. 
The  qualified  voters  of  the  county  shall  elect  said  county  school 
superintendent  at  the  annual  district  school  meetings  held  on 
the  first  Tuesday  in  April,  1911,  and  every  four  years  there- 
after. Said  superintendent  shall  be  at  least  twenty-four  years 
old,  a  citizen  of  the  county,  shall  have  taught  or  supervised- 
schools  as  his  chief  work  during  at  least  two  of  the  four  years 
next  preceding  his  election  or  appointment,  or  shall  have  spent 
the  two  years  next  preceding  his  election  or  appointment  as  a 
regular  student  in  a  normal  school,  college  or  university,  and 
shall  at  the  time  of  his  election  hold  a  diploma  from  one  of  the 
state  normal  schools  or  teachers'  college  of  the  state  university, 
or  shall  hold  a  state  certificate,  authorizing  him  to  teach  in 
the  public  schools  of  Missouri,  or  shall  hold  a  first  grade  county 
certificate,  authorizing  him  to  teach  in  the  county  of  which  he 
is  superintendent.  The  person  elected  county  school  commis- 
sioner or  county  school  superintendent  at  the  annual  school 
meeting,  held  the  first  Tuesday  in  April,  1909,  or  his  successor, 
shall,  during  the  month  of  August,  1909,  qualify  under  this 
article  as  county  superintendent  of  public  schools,  and  shall 
serve  as  such  until  the  first  Tuesday  in  April,  1911,  and  until 
his  successor  is  elected  and  qualified;  and  the  qualifications  pre- 
scribed for  the  county  school  commissioner  at  the  time  of  the 
annual  school  meeting,  the  first  Tuesday  in  April,  1909,  shall 
be  the  qualifications  for  the  county  superintendent  of  public 
schools  until  the  first  Tuesday  in  April,  1911.  Said  county  super- 
intendent of  public  schools  shall  hold  his  office  for  four  years 
and  until  his  successor  is  elected  and  qualified;  and  all  vacancies, 
caused  by  death,  resignation,  refusal  to  serve  or  removal  from 
the  county,  shall  be  filled  by  the  governor  by  appointment  for 
the  unexpired  term;  the  county  superintendent  shall  turn  over 
all  books,  papers,  certificates,  stub  books  and  records  in  his 
possession  to  his  successor.  Wherever  the  term,  "county  com- 
missioner," or.  "countv  board  of  education,"  is  used  in  the 
statutes,  it  shall  be  construed  to  mean  county  superintendent 
of  public  schools.  (R.  S.  1919,  §  11343.) 

Under  former  law  it  was  held  that  a  party  who  at  time  of  his  election  did  not 
hold  a  certificate  to  teach  should  be  ousted  from  the  office,  notwithstanding  he 
obtained  such  a  certificate  before  he  attempted  to  perform  the  duties  of  the  office. 
State  ex  rel.  v.  Meek,  129  Mo.  431,  31  S.  W.  913. 

Sec.  11344.  Election  returns,  how  certified — duty  of  county 
clerk. — At  least  ten  days  before  the  annual  school  meeting  in 
any  year  when  a  county  superintendent  of  public  schools  is  to 
be  elected,  the  clerk  of  the  county  court  shall  mail  by  registered 
letter  to  the  president  or  clerk  of  the  board  of  school  directors 
of  the  various  districts  of  the  county  a  tally  sheet  of  sufficient 
size  to  contain  the  names  of  all  the  qualified  voters  of  such  dis- 


130  Revised  School  Laws. 

tricts,  which  tally  sheets  shall,  so  far  as  practical,  conform  to 
the  form  of  poll  books  set  out  in  section  4767  of  article  2  of 
chapter  30  of  the  Revised  Statutes  of  Missouri,  1919,  relating 
to  general  elections,  and  in  making  the  returns  of  such  election, 
the  tally  sheets  shall  be  certified  by  the  chairman  and  secretary 
of  such  annual  school  meeting  and  attested  by  the  members  of 
the  board  of  directors  of  the  district,  who  may  be  present. 
The  voting  for  county  superintendent  shall  be  by  ballot  and 
all  ballots  cast  shall  be  counted  for  the  persons  for  whom  cast, 
and  it  is  hereby  made  the  duty  of  the  members  of  the  board 
of  directors  and  the  chairman  and  secretary  of  the  annual  school 
meeting  to  see  that  each  ballot  so  cast  is  counted  for  the  person 
receiving  the  same,  and  it  is  hereby  made  the  duty  of  the  chair- 
man of  the  annual  school  meeting,  within  two  days  after  such 
meeting,  to  transmit  the  tally  sheets  and  all  ballots,  in  person 
or  by  registered  letter,  to  the  clerk  of  the  county  court;  such 
ballots  to  be  in  a  sealed  package,  separate  and  apart  from  such 
tally  sheets,  such  package  being  properly  designated.  It  shall 
be  the  duty  of  the  county  clerk,  within  five  days  after  the  annual 
school  meeting,  to  call  to  his  assistance  two  justices  of  the 
peace  or  two  qualified  voters  of  the  county,  and  cast  up  the 
vote  and  issue  a  commission  to  the  person  receiving  the  highest 
number  of  votes,  for  which  commission  he  shall  receive  a  fee 
of  one  dollar  to  be  paid  by  the  person  commissioned.  A  tie 
vote  shall  cause  a  vacancy  in  the  office  of  county  superintendent, 
which  shall  be  filled  by  appointment  by  the  governor,  and  the 
person  so  appointed  shall  hold  "such  office  till  the  next  annual 
school  meeting  and  until  his  successor  is  elected  and  qualified. 
In  case  a  school  district  is  divided  by  a  county  liffe,  the  county 
clerk  shall  transmit  to  the  president  or  clerk  of  the  board  of 
directors  of  such  districts  two  sets  of  tally  sheets,  and  the  voters 
residing  on  each  side  of  the  line  shall  vote  separately  and  re- 
turns shall  be  made  to  each  county  as  herein  provided.  For 
transmitting  the  returns  of  such  election,  the  chairman  of  the 
annual  meeting  shall  receive  the  sum  of  one  dollar  to  be  paid 
out  of  the  incidental  fund  of  the  district.  The  provisions  of 
this  article  shall,  so  far  as  practical,  apply  to  village  and  city  elec- 
tions so  far  as  affects  the  election  of  county  superintendent  of 
public  schools  and  so  far  as  not  conflicting  with  existing  laws, 
which  are  sufficient  to  safeguard  such  elections.  Any  person, 
upon  whom  there  is  imposed  an  official  duty  by  this  article,  and 
who  shall  violate  any  of  the  provisions  herein,  shall  be  deemed 
guilty  of  a  misdemeanor  and,  upon  conviction  thereof,  shall  be 
punished  by  a  fine  of  not  less  than  fifty  dollars  nor  more  than 
five  hundred  dollars,  or  by  imprisonment  in  the  county  jail 
not  less  than  thirty  days  nor  more  than  six  months,  or  by  both 
such  fine  and  imprisonment.  (R.  S.  1919,  §  11344.) 

Sec.  11345.  Superintendent  to  take  oath,  give  bond — keep 
office,  where — county  court  to  furnish  supplies. — Before  entering 
upon  the  duties  of  his  office,  the  county  superintendent  shall 


Revised  School  Laws.  131 

take  and  subscribe  an  oath  to  discharge  faithfully  and  impar- 
tially the  duties  of  his  office;  he  shall  give  bond  in  double  the 
amount  of  his  salary,  conditioned  upon  the  faithful  performance 
of  his  official  duties,  and  the  proper  application  and  care  of 
all  moneys,  books,  records,  papers,  furniture  and  other  property 
in  his  possession  or  under  his  control,  with  two  or  more  sureties, 
who  are  resident  freeholders  and  accepted  by  the  county  court 
or  by  the  county  clerk  in  vacation.  He  shall  keep  his  office  at 
the  county  seat,  or  at  some  other  place  in  the  county  where  a 
court  of  record  is  held,  and  the  county  court,  by  order  of  record, 
shall  designate  where  the  superintendent  shall  keep  his  office, 
and  for  this  purpose  the  county  court  shall  supply  him  with  a 
suitable  room,  properly  furnished,  wherein  all  records,  books, 
papers,  furniture  and  other  property  thereto  belonging  shall  be 
securely  kept;  and  at  the  expiration  of  his  term  of  office  he 
shall  turn  the  same  over  to  his  successor  in  good  condition; 
and  said  county  court  shall  supply  the  superintendent  with  all 
necessary  record  books,  stationery  and  postage  stamps  for 
properly  conducting  the  business  of  his  office,  and  shall  allow 
all  necessary  printing  of  notices  and  circulars  of  information, 
the  same  to  be  paid  for  by  warrant  drawn  upon  the  county 
treasurer.  (R.  S.  1919,  §  11345.) 

The  county  superintendent  is  primarily  a  "field  man,"  but  he  should  have 
fixed  office  days  when  directors,  patrons  and  teachers  may  easily  find  and  consult 
him.  He  should  keep  accurate  account  of  all  expenditures,  so  that  the  county  court 
may  act  intelligently  in  passing  upon  them.  The  court  cannot  under  the  law  refuse 
to  allow  "necessary"  expenses. 

The  county  court  should  make  an  order  of  record  stating  where  the  super- 
intendent is  to  have  his  office,  whether  at  the  county  seat  of  elsewhere. 

Sec.  11346.     Superintendent's  powers  and  duties.  -  -  The 

county  superintendent  shall  have  general  supervision  over  all 
the  schools  of  his  county,  except  in  city,  town  and  village  school 
districts  employing  a  superintendent  who  devotes  at  least  one- 
half  of  his  time  to  the  direct  work  of  supervision.  He  shall 
visit  each  school  under  his  jurisdiction  at  least  once  each  year, 
and  as  many  other  times  as  practicable;  he  shall  examine  the 
classification  of  pupils,  the  methods  of  instruction,  the  manner 
of  discipline,  the  order  maintained,  the  result  secured,  and 
make  such  suggestions  to  teachers  and  school  boards  as  he  may 
deem  advisable;  he  shall  inspect  the  ventilation,  note  the  con- 
dition of  the  building,  furniture,  apparatus,  grounds  and  appur- 
tenances thereto  belonging,  and  report  the  same  to  the  board 
in  writing,  with  such  suggestions  as  he  may  consider  necessary 
to  the  health,  comfort  and  progress  of  the  pupils;  he  shall  ex- 
amine the  teacher's  register  and  the  district  clerk's  record  and 
see  that  they  are  kept  according  to  law;  he  shall  furnish  annually 
statements  to  the  district  clerks  showing  the  assessed  valuation 
of  their  respective  districts;  he.  shall  receive,  and,  if  properly 
made,  approve  estimates  and  enumeration  lists  and  turn  same 
over  to  the  county  clerk;  he  shall  assist  the  district  clerks,  when 


132  Revised  School  Laws. 

necessary,  in  making  their  reports,  and  see  that  all  warrants 
have  been  duly  issued  "by  order  of  the  board,"  either  for  services 
actually  rendered  or  for  material  actually  furnished.  (R.  S. 
1919,  §  11346.) 

Historical  note. — That  part  of  this  section  which  requires  the  superintendent 
"to  receive,  and,  if  properly  made,  approve  estimates  and  enumeration  lists," 
seems  to  be  repealed  by  Sees.  11140  and  11142,  requiring  the  enumeration  lists  and 
estimates  to  be  forwarde%d  to  county  clerk,  said  last  named  sections  having  been 
passed  and  approved  several  weeks  after  this  section  was  enacted.  See  Sees.  35 
and  36,  Laws  1909,  p.  786,  and  Sec.  8594,  Laws  1909,  p.  824.  It  will,  however,  be 
a  matter  of  prudence  for  superintendent  to  visit  county  clerk's  office,  examine  and 
indorse  his  written  approval  on  estimates  and  enumeration  lists  when  he  finds  them 
properly  made. 

Construction. — When  an  estimate  is  incorrect,  it  may  be  withdrawn  from 
county  clerK's  office  before  action  is  taken  thereon  and  a  correct  estimate  filed  in 
lieu  thereof,  on  which  taxes  may  be  assessed  and  extended.  This  gives  superin- 
tendent an  opportunity  to  see  that  proper  estimates  are  filed.  State  ex  rel.  v. 
Phipps,  148  Mo.  31,  36,  37,  49  S.  W.  865. 

Sec.  11347.  Public  meetings — course  of  study — grade 
schools — system  of  graduation  and  examination — guard  school 
moneys. — The  county  superintendent  shall  hold  annually  not 
fewer  than  six  public  meetings  at  different  points  in  the  county 
for  the  purpose  of  discussing  educational  questions,  interpreting 
the  school  law,  counseling  with  teachers  and  school  officers, 
and  promoting  the  cause  of  education  among  the  people.  One 
of  these  meetings  shall  be  held  at  the  county  seat  just  prior 
to  the  opening  of  the  fall  term  of  school,  and  shall  be  of  two 
days'  duration.  It  shall  be  the  duty  of  directors  and  teachers 
to  attend  meetings  called  by  him  when  such  attendance  does 
not  interfere  with  their  school  duties.  He  shall  adopt  a  course 
of  study  and  a  plan  for  grading  the  schools  of  his  county,  and 
forward  three  copies  to  the  state  superintendent  of  public  schools, 
one  copy  to  each  district  clerk  and  one  copy  to  each  teacher 
employed  in  the  county,  and  require  the  same  to  be  followed 
as  nearly  as  practicable.  He  shall  inaugurate  and  maintain  a 
system  of  final  examinations  and  graduation  of  pupils  who  com- 
plete the  state  course  of  study  for  rural  schools.  He  shall  ex- 
amine the  records  of  the  county,  so  far  as  they  relate  to  school 
funds  and  school  moneys,  see  that  the  law  is  strictly  observed, 
and  shall  be  present  at  the  August  term  of  the  county  court, 
to  give  such  information  as  may  be  of  importance  to  said  court 
in  the  transaction  of  all  business  pertaining  to  the  school  inter- 
ests of  the  county;  and  the  instruction  of  the  state  superintendent 
shall  be  his  guide  in  the  interpretation  and  execution  of  the 
law.  (R.  S.  1919,  §  11347.) 

Sec.  11348.  County  teachers  associations — expenses,  how 
paid. — The  county  superintendent  may  organize  county  teachers 
association,  which  shall  hold  a  three  days'  meeting  on  the  last 
three  days  of  some  week  in  September,  October,  November  or 
December  of  each  year.  He  shall  arrange  a  program  of  exercises 
and  secure  the  services  of  some  one  specially  prepared  to  lecture 


Revised  School  Laws.  133 

on  pedagogical  subjects.  It  shall  be  the  duty  of  the  teachers 
to  attend  all  such  meetings;  and  when  a  certificate  of  attendance 
and  faithful  performance  of  duty  signed  by  the  county  superin- 
tendent is  filed  with  the  district  clerk,  the  first  three  days  when 
school  is  taught  thereon  shall  constitute  the  school  week.  The 
expenses  of  such  association,  including  the  expenses  of  a  lecturer, 
shall  be  paid  out  of  the  thirty  per  cent,  of  the  fees  provided  for 
in  section  11359.  (R.  S.  1919,  §11348.) 

Sec.  11349.  Make  statistical  report  annually — shall  require 
report  from  teachers. — It  shall  be  the  duty  of  said  superintendent, 
under  the  direction  of  the  state  superintendent,  to  condense  and 
return  to  the  office  of  the  state  superintendent  of  public  schools, 
on  or  before  the  thirty-first  day  of  August  of  Qach  year,  the 
educational  statistics  of  the  county;  see  that  the  directors  and 
other  school  officers  are  supplied  with  copies  of  the  school  law 
and  the  necessary  blanks  for  making  the  various  reports  re- 
quired, and  perform  such  other  duties  as  may  be  required  by 
the  state  superintendent.  He  shall  require  of  each  teacher 
under  his  supervision  a  term  report,  giving  name,  classification 
and  grades  of  each  pupil:  Provided,  that  in  schools  employing 
more  than  one  teacher  the  term  report  for  the  entire  school  shall 
be  prepared  and  filed  by  the  principal  in  charge.  No  teacher  shall 
receive  the  last  month's  salary  until  he  presents  a  receipt  for  the 
term  report,  signed  by  the  county  superintendent.  (R.  S.  1919, 
§11349.) 

Sec.  11350.  County  superintendent  to  furnish  blanks  to 
school  officers. — All  necessary  blanks  required  by  school  officers 
shall  be  furnished  by  the  state  superintendent  to  the  county 
superintendent,  who  shall  immediately,  upon  the  receipt  of  the 
same,  supply  the  clerk  of  each  district  in  their  respective  coun- 
ties with  the  same,  the  form  of  such  blanks  to  be  determined 
and  indicated  by  the  state  superintendent  as  provided  by  law; 
and  all  necessary  expenses  incurred,  by  the  superintendent  for 
postage  and  stationery  in  supplying  the  districts  of  his  county 
with  blanks,  laws,  reports  and  circulars  of  infomation  shall  be 
paid  for  annually  out  of  the  county  treasury,  upon  an  order 
from  the  county  court,  based  upon  an  itemized  statement 
of  the  superintendent,  accompanied  by  corresponding  vouchers. 
(R.  S.  1919,  §11350.) 

Blanks  provided  for  under  this  section  are  sent  out  by  the  state  superintendent 
in  January  or  Febuary  of  each  year.  County  superintendents  should  not  delay 
in  sending  them  out  so  that  they  may  be  in  the  hands  of  the  district  clerks  early 
in  the  year. 

Sec.  11351.  Superintendent  shall  not  teach — must  study 
rural  school  problems  and  supervision. — During  his  term  of 
office  the  county  superintendent  shall  not  engage  in  teaching  or 
in  any  other  employment  that  interferes  with  the  duties  of  his 
office  as  prescribed  by  law.  He  shall  spend  annually,  studying 
rural  school  problems  and  supervision  of  schools,  five  days  in 


134  Revised  School  Laws. 

conventions  called  by  the  state  superintendent  of  public  schools, 
or  twenty  days  in  the  state  university  or  in  one  of  the  state 
normal  schools,  or  in  some  other  manner  approved  by  the  state 
superintendent.  He  shall  not  receive  his  salary  for  the  third 
quarter  of  the  year  until  he  presents  a  certificate,  signed  by  the 
state  superintendent,  stating  that  he  has  spent  the  period  pre- 
scribed by  law  in  studying  rural  school  problems  and  supervision 
of  schools,  and  that  his  report  as  county  superintendent  of  public 
schools  has  been  properly  made  to  the  state  superintendent  of 
public  schools.  (R.  S.  1919,  §11351.) 

The  county  superintendent  cannot  teach  in  any  sch&ol,  public  or  private. 
He  cannot  conduce  review  schools.  Such  action  is  a  plain  violation  of  the  law. 
He  must  devote  his  entire  time  to  the  duties  of  his  office  as  here  prescribed.  An 
ouster  suit  in  the  nature  of  quo  warrqnto  will  lie  against  the  superintendent  violating 
this  act. 

Sec.  11352.  Salaries  of  county  superintendents. — In 
counties  having  less  than  twelve  thousand  population,  he  shall 
receive  one  thousand  and  fifty  dollars;  in  counties  having  twelve 
thousand  population  and  less  than  fifteen  thousand,  he  shall 
receive  twelve  hundred  dollars;  in  counties  having  fifteen  thou- 
sand population  and  less  than  eighteen  thousand,  he  shall  receive 
one  thousand  three  hundred  and  fifty  dollars;  in  counties  hav- 
ing eighteen  thousand  population  and  less  than  twenty  one 
thousand,  he  shall  receive  fifteen  hundred  dollars;  in  counties 
having  twenty-one  thousand  population  and  less  than  twenty- 
four  thousand,  he  shall  receive  sixteen  hundred  and  fifty  dollars; 
in  counties  having  twenty-four  thousand  population  and  less 
than  twenty-seven  thousand,  he  shall  receive  eighteen  hundred 
dollars;  in  counties  having  twenty-seven  thousand  population 
and  less  than  thirty  thousand,  he  shall  receive  nineteen  hundred 
and  fifty  dollars;  in  counties  having  thirty  thousand  population 
and  less  than  fifty  thousand,  he  shall  receive  twenty-one  hundred 
dollars;  in  counties  having  fifty  thousand  population  or  more, 
he  shall  receive  twenty-two -hundred  and  fifty  dollars,  of  which 
the  state  of  Missouri  shall  appropriate  annually  out  of  the  general 
revenue  fund  of  the  state  of  Missouri  four  hundred  dollars  to 
to  each  and  every  county.  The  county  superintendent  shall 
receive  his  salary  monthly  from  the  county  revenue  fund  in  the 
form  of  a  warrant  drawn  upon  the  county  treasurer.  (R.  S. 
1919,  §  11352.) 

Sec.  11353.  Salaries  of  county  superintendents  in  certain 
counties. — In  counties  now  or  hereafter  having  eighty  thousand 
inhabitants  or  more,  and  which  now  or  may  hereafter  adjoin 
a  city  now  or  hereafter  having  two  hundred  thousand  inhabitants 
or  more,  the  county  superintendent  of  schools  shall  be  allowed 
an  annual  salary  of  four  thousand  ($4,000.00)  dollars,  of  which 
the  state  of  Missouri  shall  appropriate  annually  out  of  the 
general  revenue  fund  of  the  state  of  Missouri  an  amount  equal 
to  that  appropriated  for  the  same  purposes  for  other  counties 


Revised  School  Laws.  135 

in  the  state  of  Missouri,  to  be  paid  out  of  the  county  treasury 
and  the  county  court  of  such  county  shall  on  the  first  Monday 
in  each  calendar  month  order  a  warrant  drawn  on  the  county 
treasurer  in  favor  of  the  county  superintendent  of  schools  for 
the  proportionate  amount  of  his  annual  salary  then  due  and  the 
same  shall  be  paid  by  the  county  treasurer  out  of  the  county 
revenue  fund.  (R.  S.  1919,  §  11353.) 

Sec.  11354.  Method  of  ascertaining  population  to  deter- 
mine salary  of  county  superintendents. — For  the  purpose  of 
ascertaining  the  pupulation  of  any  county  in  this  state  in  order 
to  determine  the  salary  as  provided  in  the  preceding  sections, 
the  highest  number  of  votes  cast  at  the  last  presidential  election 
in  said  county  shall  be  multiplied  by  three  and  one-half,  and  the 
result  will  be  considered  and  held  for  the  purpose  aforesaid  as 
the  true  population  of  such  county:  Provided  that  the  persons 
now  holding  the  offices,  the  salaries  of  which  are  determined  by 
this  section,  shall,  to  the  end  of  the  .terms  for  which  they  are 
chosen,  draw  the  same  salary  that  was  paid  to  the  persons  hold- 
ing such  offices  at  the  time  of  the  general  election  of  November 
2nd,  1920.  (R.  S.  1919,  §  11354,  amended  Laws,  1921,  H.  B. 
590.) 

Sec.  11355.  Traveling  expenses  and  clerical  help  for 
county  superintendent. — That  the  county  superintendent  of 
public  schools  shall  be  allowed  out  of  the  county  treasury  not 
to  exceed  twenty-five  per  cent,  of  his  annual  salary  for  traveling 
expenses  and  necessary  clerical  assistance,  provided  such  al- 
lowance shall  not  exceed  three  dollars  ($3.00)  annually  for  every 
teacher  under  his  jurisdiction.  The  county  court  shall,  upon 
presentation  of  his  bill  properly  setting  forth  his  actual  expendi- 
tures for  traveling  expenses  and  clerical  hire,  draw  a  warrant 
upon  the  county  treasury  for  the  payment  of  same:  Provided, 
when  the  county  superintendent  shall  furnish  his  qwn  convey- 
ance, the  rate  allowed  for  mileage  shall  be  four  cents  per  mile 
for  each  mile  actually  and  necessarily  traveled.  (R.  S.  1919, 
§  11355.) 

Sec.  11356.  County  school  superintendent  to  call  meet- 
ings, when— to  provide  place  of  meeting — for  what  purpose.— 
That  it  shall  be  the  duty  of  the  county  superintendent  of  public 
schools  to  call  together  once  each  school  year,  at  the  county 
seat  or  some  other  suitable  place  in  the  county,  the  presidents 
of  the  school  boards  and  the  clerks  of  the  school  districts  of  the 
county,  for  the  consideration  and  discussion  of  questions  per- 
taining to  school  administration.  (R.  S.  1919,  §  11356.) 

Sec.  11357.  Officers  of  school  district  shall  attend  meet- 
ings—compensation.— It  shall  be  the  duty  of  every  president  of  a 
school  board  and  of  every  clerk  of  a  school  district  in  the  several 
counties  to  attend  the  meeting  of  school  officers  called  by  the 
county  superintendent  of  public  schools  for  the  purpose  of  con- 


136 


Revised  School  Laws. 


sidering  and  discussing  questions  pertaining  to  school  adminis- 
tration; and  each  school  officer  attending  such  meeting  shall 
receive  compensation  at  the  rate  of  one  dollar  and  fifty  cents 
per  diem  and  mileage  at  the  rate  of  five  cents  per  mile  for  the 
number  of  miles  necessary  to  be  traveled  in  going  from  the 
schoolhouse  of  his  district  to  the  place  of  meeting,  same  to  be 
paid  out  of  the  incidental  fund  of  his  district:  Provided,  that 
no  allowance  shall  be  made  for  more  than  two  days  in  any 
school  year:  Provided  further,  that  in  case  of  the  inability  of 
either  the  president  of  the  board  or  the  clerk  of  the  district  to 
attend  such  meeting,  the  school  board  shall  appoint  another 
member  or  some  other  person  to  represent  the  district  in  place 
of  said  president  of  the  board  or  clerk  of  the  district,  Upon 
presentation  of  a  certificate  signed  by  the  county  superintendent 
of  public  schools,  the  board  shall  order  warrants  drawn  in  favor 
of  the  school  officers  or  other  representatives  of  the  board  who 
attended  said  meeting  in  accordance  with  the  provisions  of  this 
section.  (R.  S.  1919,  §  11357.) 


ARTICLE  XII. 

TEACHERS'  CERTIFICATES,  HOW  OBTAINED  OR  REVOKED. 


Sec. 

11364.  Revocation  of  certificate  and  appeal 
therefrom. 

11365.  State  board  to  outline  work  of  insti- 
tutes and  summer  school  for  colored 
teachers — tuition  fee. 

11366.  Grades  at  summer  terms  of  state  edu- 
cational institutions  to  be  received — 
grades  to  become  void,  when. 

11367.  Complimentary  certificates  to  be  pro- 
hibited. 

11368.  Law  not  to  apply  to  cities  of  75,000  or 
over. 


Sec. 

11358.  County  superintendents  to  grant  cer- 
tificates —  public  examinations  held, 
when — grades  and  qualifications. 

11359.  Grading    of    examination    papers    by 
state  superintendent  of  public  schools. 

11360.  Qualifications    necessary    for    certifi- 
cates. 

11361.  Renewal  certificates. 

11362.  County    superintendent    to    pass    on 
morality  of  applicants — to  keep  grades 
and   record   of   certificates — may   in- 
dorse certificates  from  adjoining  coun- 
ties. 

11363.  Applicants  to  pay  fee — fees  received 
to    pay    expenses — superintendent    to 
make  annual  statement  of  fees  collec- 
ted and  expended. 

Sec.  11368.  County  ^superintendents  to  grant  certifi- 
cates— public  examinations  held,  when — grades  and  qualifi- 
cations.— The  county  superintendent  of  public  schools  shall 
have  authority  to  examine  teachers  and  grant  certificates  of 
qualification  to  teach  in  their  respective  counties  or  in  the  state. 
Three  public  examinations  of  two  days  each  shall  be  held  during 
the  year  on  the  first  Friday  and  the  succeeding  Saturday  in 
March,  June  and  August,  at  such  place  or  places  in  the  county 
as  the  county  superintendent  of  schools  may  designate.  Said 
examinations  shall  be  conducted  by  said  county  superintendent 
of  public  schools,  or  by  some  one  duly  authorized  by  him  to 
conduct  them.  All  questions  given  in  said  examinations  shall 
e  prepared  and  furnished  by  the  state  superintendent  of  public 


Revised  School  Laws.  137 

schools.  Certificates  issued  by  said  county  superintendent  of 
public  schools  shall  be  of  three  grades:  Third  grade  shall  be 
valid  for  one  year  and  second  grade  for  two  years  in  the  county 
for  which  they  are  issued,  and  first  grade  for  three  years  in  the 
state.  Third  grade  certificates  shall  be  granted  to  applicants 
who  are  of  good  moral  character  and  who  shall  pass  satisfac- 
tory examinations  upon  the  following  branches:  Spelling, 
reading,  penmanship,  language  lessons,  geography,  arithmetic 
(including  business  forms  and  rules),  English  grammar,  United 
States  history,  civil  government  (including  the  government  of 
Missouri),  physiology  and  hygiene,  with  special  reference  to  the 
effect  of  alcoholic  drinks  and  stimulants  and  narcotics  generally 
upon  the  human  system,  agriculture  and  pedagogy.  Second 
grade  certificates  shall  be  granted  to  applicants  who  are  of  good 
moral  character  and  who  shall  pass  satisfactory  examinations 
upon  the  branches  hereinbefore  mentioned,  and  in  addi- 
tion thereto,  algebra  and  literature.  First  grade  certificates 
shall  be  granted  to  applicants  who  are  of  good  moral  character 
and  who  shall  pass  satisfactory  examinations  upon  all  the 
branches  hereinbefore  mentioned,  and  in  addition  thereto  one 
branch  of  history,  either  ancient,  mediaeval  or  modern,  or 
English,  and  one  branch  of  science,  either  psysical  geography, 
physics  or  elementary  biology:  Provided,  that  in  addition  to 
the  above  named  scholastic  requirements  each  applicant  who 
has  had  four  months'  experience  in  teaching  shall  be  graded 
by  the  county  superintendent  on  the  following  professional 
qualities:  Teaching  ability  and  management.  Each  applicant 
shall  be  graded  on  these  professional  qualities  at  the  tims  of  each 
renewal  of  certificate  and  each  issue  of  a  new  certificate:  Pro- 
vided, that  to  obtain  a  first  grade  certificate  each  applicant  shall 
have  had  eight  months'  experience  in  teaching  and  shall  maintain 
an  average  grade  of  90  per  cent,  on  the  above  named  scholastic 
requirements,  together  withHhe  above  named  professional  re- 
quirements; to  obtain  a  second  grade  certificate  an  average 
grade  of  85  per  cent,  on  the  aforesaid  requirements;  to  obtain  a 
third  grade  certificate  an  average  grade  of  80  per  cent,  on  afore- 
said requirements,  but  no  certificate  shall  be  granted  to  any 
person  whose  grade  in  any  subject  falls  below  sixty  per  cent.: 
Provided,  that  the  county  superintendent  of  public  schools 
shall  have  authority  to  prepare  questions,  conduct  examinations 
grade  papers  and  issue  certificates  to  applicants  who  for  good 
and  sufficient  reasons  could  not  attend  the  last  regular  examina- 
tion. Said  applicants  to  conform  to  all  requirements  for  that 
grade  county  certificate.  Said  certificate  to  be  good  only  until 
the  end  of  the  school  year  in  which  it  is  issued,  and  the  papers 
written  on  said  examination  to  be  filed  by  said  county  superin- 
tendent of  schools  in  his  office,  where  they  shall  be  kept  for  a 
period  "of  at  least  one  year  after  the  date  upon  which  they  were 
written.  (R.  S.  1919,  §11358.) 


138  Revised  School  Laws. 

Sec.  11359.  Grading  of  examination  papers  by  state  super- 
intendent of  public  schools. — The  county  superintendent  of 
public  schools  shall,  in  accordance  with  a  system  prepared  and 
submitted  by  the  state  superintendent  of  public  schools,  give 
each  applicant  writing  in  the  examination  a  number  by  which 
number  alone  the  papers  of  said  applicant  shall  be  marked  and 
designated.  Said  county  superintendent  shall  keep  an  accurate 
record  of  the  number  given  to  each  applicant.  Within  three 
days  after  the  close  of  each  regular  examination,  the  county 
superintendent  of  public  schools  shall  forward  to  the  state 
superintendent,  by  express  or  registered  mail,  all  the  papers 
of  all  applicants  for  first  grade  certificates  and  of  all  other 
applicants  who  shall  request  their  papers  to  be  sent  to  the  state 
superintendent.  Said  state  superintendent  of  public  schools 
shall  carefully  grade  all  papers,  keep  a  record  of  said  grades, 
certify  them  to  the  county  superintendent  of  the  county  in  which 
said  papers  were  written,  and  also  return  said  papers  to  said  county 
superintendent  of  public  schools  who  shall  preserve  them  among 
the  records  of  his  office  for  at  least  one  year  after  the  date  of  the 
examination  at  which  they  were  written.  (R.  S.  1919,  §11359.) 

Sec.  11360.  Qualifications  necessary  for  certificates. — No 
person  shall  be  granted  a  license  to  teach  in  the  public  schools 
of  this  state  who  is  not  of  good  moral  character.  From  and 
after  September  1,  1912,  all  applicants  for  first  or  second  grade 
certificates  to  teach  must  present  evidence  of  having  completed 
the  first  year's  work  of  a  classified  or  accredited  high  school  as 
defined  in  section  11337,  Revised  Statutes,  1919*  or  its  equivalent. 
From  and  after  September  1,  1914,  all  applicants  for  first  or 
second  grade  certificates  must  present  evidence  of  having  com- 
pleted two  years  of  such  work,  or  its  equivalent.  From  and 
after  September  1,  1916,  all  applicants  for  first  or  second  grade 
certificates  must  present  evidence,  of  having  completed  three 
years  of  such  work,  or  its  equivalent.  From  and  after  September 
1,  1918,  all  applicants  for  first  or  second  grade  certificates  must 
present  evidence  of  having  completed  four  years  of  such  work,  or 
its  equivalent.  Provided  from  and  after  September  1,  1923, 
all  applicants  for  a  third  grade  certificate  must  present  evidence 
of  having  completed  two  years  of  high  school  work  or  its  equiv- 
alent. From  and  after  September  1,  1925,  all  applicants  for  a 
third  grade  certificate  must  present  evidence  of  having  com- 
pleted three  years  of  such  work,  or  its  equivalent.  From  and 
after  September  1,  1927,  all  applicants  for  a  third  grade  certifi- 
cate must  present  evidence  of  having  completed  four  years  of 
such  work,  or  its  equivalent.  The  high  school  work  herein 
required  may  be  done  in  any  public,  private  or  parochial  school, 
or  private  study,  and  satisfactory  evidence  thereof  presented  by 
the  written  statements  of  parties  who  have  personal  knowledge 
that  such  work  has  been  done,  or  by  passing  a  satisfactory  ex- 
amination on  the  subjects  for  which  credit  is  claimed  and  which 


Revised  School  Laws.  139 


are  not  required  in  the  examination  prescribed  by  section  11358 
of  this  article;  provided,  that  provisions  of  this  section  shall 
not  apply  to  any  person  who  holds  a  certificate  entitling  him  to 
teach  in  the  schools  of  Missouri  at  the  time  of  the  taking  effect 
of  this  section.  (R.  S.  1919,  §  11360,  amended  Laws  1921, 
H.  B.  595.) 

Sec.  11361.  Renewal  certificates. — A  third  grade  certifi- 
cate may  be  granted  to  any  one  person  in  but  four  consecutive 
years.  A  second  or  third  grade  certificate  shall  be  renewed 
without  examination  once.  A  first  grade  certificate  an  un- 
limited number  of  times:  Provided,  that  the  holder  shall  give 
satisfactory  evidence  to  county  superintendent  of  public  schools 
that  certain  professional  work  prescribed  by  state  superin- 
tendent at  the  time  of  the  issuing  of  or  former  renewal  of  the 
certificate  has  been  complied  with:  Provided,  that  any  teacher 
who  had  had  five  years'  experience  in  teaching  and  was  employed 
as  a  teacher  January  1,  1912.  and  holds  a  first  grade  certificate 
shall  have  his  or  her  county  certificate  renewed  an  unlimited 
number  of  times,  on  condition  that  said  teacher  is  faithful  in 
the  performance  of  his  or  her  professional  duties.  (R.  S.  1919, 
§11361.). 

A  third  grade  certificate  can  be  renewed  once.  Only  four  third  grade  certifi- 
cates can  be  secured  in  consecutive  years.  This  includes  regular,  renewed  and 
special  third  grade  certificates. 

Conditions  for  the  renewal  of  county  certificates  are  as  follows: 

Requirement  Number  I. — Each  holder  of  a  renewable  certificate,  in  order  to 
be  eligible  to  have  his  certificate  renewed,  must  each  year  during  the  life  of  his 
certificate  attend  either  the  state  teachers'  association,  his  county  teachers'  associ- 
ation or  meeting,  or  a  district  teachers'  association  which  embraces  several  counties. 
In  case  of  his  failure  to  attend  his  county  association,  attendance  at  three  township 
or  district  meetings  during  that  year  may  be  accepted  instead  of  the  attendance 
at  the  county  association.  This  requirement  may  be  waived  for  teachers  in  large 
cities  which  are,  by  section  11346,  exempt  from  the  supervisory  powers  of  the 
county  superintendent,  provided  such  cities  have  at  least  semi-monthly  meetings 
for  seven  months  each  year  in  which  professional  work  approved  by  the  state 
superintendent  is  being  done.  Arrangements  have  been  made  whereby  all  teachers 
enrolling  in  their  normal  school  district  teachers'  association  are  automatically 
enrolled  as  members  of  the  state  teacher's  association.  All  applicants  for  renewal 
of  certificates  should  be  able  to  present  as  evidence  of  professional  interest  en- 
rollment certificates  showing  they  are  members  of  state  and  district  associations 
even  though  unable  to  attend. 

Requirement  Number  II. — Each  holder  of  a  renewable  certificate  must  also 
do  the  reading  circle  work  to  the  satisfaction  of  the  county  superintendent  for  two 
years  for  each  renewal,  except  for  the  renewal  of  a  third  grade  certificate.  For  the 
renewal  of  such  certificate  one  3rear  of  reading  circle  work  must  be  done.  Passing 
grades  in  extension  or  correspondence  courses  approved  by  the  state  superintendent 
of  schools  shall  be  accepted  by  county  superintendents  instead  of  reading  circle 
work.  Passing  approved  summer  school  grades  shall  be  accepted  in  lieu  of  reading 
circle  work.  Summer  school,  extension  or  correspondence  grades  must  in  all 
cases  have  been  made  since  the  issue  or  former  renewal  of  the  certificate  to  be 
renewed.  Reading  circle  work  of  special  merit  conducted  by  city  superintendents 
with  the  approval  of  the  state  superintendent  shall  be  accepted  in  lieu  of  the 
regular  reading  circle  work. 

Sec.  11362.  County  superintendent  to  pass  on  morality  of 
applicants — to  keep  grades  and  record  of  certificates — may 


140  Revised  School  Laws. 

indorse  certificate  from  adjoining  county. — The  c'ounty  superin- 
tendent of  public  schools  shall  pass  upon  the  moral  character 
and  requirements,  other  than  scholastic  as  shown  by  the  papers 
written,  of  all  applicants  for  certificates  to  teach  in  the  schools 
under  his  jurisdiction,  and  he  shall  grade  each  applicant  who 
has  had  four  months'  experience  in  teaching  on  teaching  ability 
and  management.  The  grades  on  these  two  professional  re- 
quirements shall  be  averaged  with  the  grades  on  the  scholastic 
branches  required  in  section  11358.  The  county  superintendent 
shall  keep  a  true  record  of  all  grades  made  by  all  applicants  in 
examinations  conducted  by  him  certified  to  him  by  the  state 
superintendent,  and  also  as  graded  by  himself,  and  also  a  record 
of  all  certificates  granted,  renewed,  indorsed  or  revoked,  said 
record  exhibiting  the  number  granted,  date,  grade  and  length 
of  time  for  which  each  certificate  was  issued,  and  the  name,  age, 
sex  and  nativity  of  the  person  receiving  the  same,  and  deliver 
the  same  to  his  successor  in  office.  Any  applicant  may  raise  the 
grade  of  his  certificate  by  meeting  the  additional  requirements 
prescribed  for  such  higher  grade  of  certificate,  and  any  or  all 
grades  on  a  valid  third  grade  certificate  may  be  used  on  a  second 
grade  certificate:  Provided,  that  the  county  superintendent 
must  indorse  without  examination  second  grade  certificates  from 
other  counties  in  this  state  on  the  payment  of  a  fee  of  one  dollar 
and  fifty  cents;  and  such  second  grade  certificate,  when  thus 
indorsed  by  the  county  superintendent,  shall  entitle  the  holder 
thereof  to  all  rights  and  privileges  granted  under  and  by  a 
teacher's  certificate  issued  by  such  superintendent  under  a 
regular  examination,  and  shall  riot  be  revoked  unless  specified 
charges  be  made  and  filed  with  the  county  superintendent, 
notice  thereof  be  given  and  an  impartial  hearing  be  had  thereon, 
as  is  fully  provided  for  in  section  11364.  (R.  S.  1919,  §  11362.) 

Only  second  grade  certificates  from  adjoining  counties  maybe  endorsed.      First 
grade  certificates  issued  under  this  law  are  valid  in  any  county  in  the  state. 

Sec.  11363.  Applicants  to  pay  fee — fees  received  to  be 
used  to  pay  expenses — superintendent  to  make  annual  state- 
ment of  fees  collected  and  expended. — Every  applicant  for  a 
certificate  shall  pay  to  the  county  superintendent  of  public 
schools  a  fee  of  three  dollars  which  shall  entitle  him  to  take  any 
and  all  examinations  given  in  any  calendar  year.  Every  ap- 
plicant for  a  renewal  of  his  certificate  shall  pay  a  fee  of  one  dol- 
lar and  fifty  cents.  The  fees  so  collected  shall  be  used  for  the 
payment  of  the  expenses  of  teachers'  associations  and  teachers' 
meetings  authorized  by  this  chapter — at  least  thirty  per  cent, 
being  set  apart  and  used  for  this  purpose — and  for  the  expenses 
incident  to  the  grading  of  papers  and  issuing  certificates  of  appli- 
cants for  license  to  teach.  The  county  superintendent  of  public 
schools  shall  remit  to  the  state  superintendent  five  cents  for  each 
subject  written  by  each  applicant,  whose  papers  are  sent  to  the 
state  superintendent  of  schools.  The  fees,  received  in  this 


Revised  School  Laws. 

manner  by  the  state  superintendent  of  public  schools,  shall  be 
used  to  pay  the  compensation  of  such  assistants  as  may  be  neces- 
sary to  examine  and  grade  all  such  papers,  and  to  pay  other 
expenses  incident  to  the  grading  of  the  papers  submitted  and 
recording  and  certifying  said  grades.  The  state  superintendent 
of  public  schools  is  hereby  empowered  to  appoint  and  pay  such 
assistants  as  he  may  need  for  the  examining  and  grading  of  all 
such  papers  submitted,  and  he  shall  also  keep  an  accurate  account 
of  all  moneys  received  and  disbursed  by  him  in  carrying  out  the 
provisions  of  this  article.  Any  balance  remaining  in  said  fund 
shall  be  turned  into  the  general  revenue  fund  of  the  state  by  said 
state  superintendent  of  public  schools  on  the  first  day  of  Decem- 
ber of  each  calendar  year.  The  county  superintendent  of  public 
schools  shall  make  report  of  all  fees  collected,  all  amounts  ex- 
pended for  teachers'  associations  and  meetings  and  for  all  amounts 
remitted  to  the  state  superintendent  to  the  county  court  at  its 
regular  meeting  in  February  of  each  year.  (R.  S.  1919,  §  11363.) 

Sec.  11364.  Revocation  of  certificate  and  appeal  there- 
from.— The  county  superintendent  may  revoke,  upon  satis- 
factory proof,  any  county  certificate  for  incompetency,  im- 
morality, neglect  of  duty,  or  the  annulling  of  written  contracts 
with  the  board  of  directors  without  the  consent  of  the  majority 
of  the  members  of  the  board  which  is  a  party  to  such  contract. 
All  charges  must  be  preferred  in  writing,  signed  and  sworn  to 
by  the  party  or  parties  making  the  accusation,  which  must  be 
filed  with  the  county  superintendent,  and  the  teacher  must  be 
given  due  notice,  of  not  less  than  ten  days,  an  opportunity  to.be 
heard,  together  with  witnesses.  In  case  any  person  holding  a 
certificate  issued  by  the  state  superintendent,  the  board  of  cura- 
tors of  the  state  university,  or  the  board  of  regents  of  any  normal 
school,  shall  be  complained  of  as  herein  provided  for,  then  it 
shall  be  the  duty  of  the  county  superintendent  in  the  county 
where  the  offense  is  alleged  to  have  been  committed,  to  notify, 
in  writing,  the  person  or  board  issuing  such  certificate,  and  such 
person  or  board  shall  proceed  as  herein  provided  for  the  revoca- 
tion of  such  certificate.  The  complaint  must  plainly  and  fully 
specify  what  incompetency,  immorality,  neglect  of  duty  or  other 
charge  is  made  against  the  teacher,  and  if  the  county  superin- 
tendent shall,  after  a  hearing,  revoke  said  certificate,  the  teacher 
shall  have  the  right  to  appeal  said  hearing  to  the  circuit  court  at 
any  time  within  ten  days  thereafter  by  filing  an  affidavit  and 
giving  bond  as  is  now  required  before  justices  of  the  peace.  On 
any  such  appeal  the  judge  of  the  circuit  court  shall,  with  or 
without  a  jury,  at  the  option  of  either  the  teacher  or  the  person 
making  the  complaint,  hear  the  whole  matter  anew  and  decide 
the  same  de  novo  affirming  or  denying  the  action  of  the  county 
superintendent,  and  he  shall  tax  the  cost  against  the  appellant 
if  the  judgment  of  the  county  superintendent  is  affirmed,  but 
if  he  disaffirms  such  judgment,  then  he  shall  assess  the  costs  of  the 


142  Revised  School  Laws. 

whole  proceedings  against  the  person  or  persons  making  the 
complaint.  Any  teacher  having  his  or  her  certificate  revoked 
by  any  other  authority  than  that  of  county  superintendent 
shall  have  the  right  to  appeal  therefrom  to  the  circuit  court  and 
shall  have  the  right  to  a  like  hearing  and  trial  as  is  herein  pro- 
vided for  in  the  appeal  from  the  decision  of  the  county  super- 
intendent. (R.  S.  1919,  §  11364.) 

Section  construed. — The  school  board  cannot  discharge  a  teacher  but  for 
immorality,  incompetency  or  breach  of  his  contract  with  district;  it  may  file  com- 
plaint with  county  superintendent,  who,  upon  notice  and  hearing,  may  revoke 
-the  teacher's  certificate  and  thereby  end  his  right  to  teach.  Arnold  v.  District, 
78  Mo.  226.  When  the  directors,  in  good  faith  and  with  probable  cause,  file  com- 
plaint against  teacher  with  superintendent,  they  are  not  liable  for  libel  or  slander, 
though  such  complaint  be  withdrawn  before  trial.  Finley  v.  Steele,  159  Mo. 
299. 

Sec.  11365.  State  board  to  outline  work  of  institutes  and 
summer  schools  for  colored  teachers — tuition  fee. — The  state 
board  of  education  shall  prepare,  or  cause  to  be  prepared,  outlines 
of  work  to  be  done  in  institutes  for  colored  teachers,  and  out- 
lines for  minimum  requirements  for  work  done  in  approved 
summer  schools  and  accepted  on  county  certificates  as  pro- 
vided in  section  11366.  It  shall  also  establish  ten  or  more 
institutes  for  colored  teachers,  appoint  instructors  and  make 
all  rules  and  regulations  therefor.  Grades  made  by  colored 
teachers  in  said  institutes  shall  be  accepted  by  county  superin- 
tendents in  lieu  of  examinations  in  subjects  or  parts  of  subjects 
covered  by  the  work  of  the  institute.  A  tuition  fee  of  not  to 
exceed  two  dollars  may  be  charged  to  maintain  such  institute 
for  colored  teachers.  (R.  S.  1919,  §  11365.) 

Sec.  11366.  Grades  at  summer  terms  of  state  educa- 
tional institutions  to  be  received — grades  to  become  void,  when. — 
Grades  made  in  the  summer  terms  of  the  state  educational  in- 
stitutions, and  in  such  other  schools  as  may  be  approved  by  the 
state  board  of  education,  obtained  under  conditions  conform- 
ing to  the  requirements  prescribed  by  the  stateboard  of  education, 
shall  be  accepted  by  the  state  superintendent  in  lieu  of  examina- 
tions on  the  several  subjects  required  for  county  certificates  and 
shall  be  certified  by  the  state  superintendent  of  public  schools 
to  the  county  superintendent  of  the  county  in  which  the  cer- 
tificate is  to  be  issued.  Grades  made  in  an  examination  conducted 
in  any  county  in  the  state  in  accordance  with  the  provisions  of 
this  article  shall  be  good  in  any  other  county  in  the  state  when 
the  papers  have  been  graded  by  the  state  superintendent  of 
public  schools  and  the  grades  properly  certified  by  him.  Grades 
made  under  the  provisions  of  this  article  shall  become  void  if  the 
holder  thereof  shall  have  ceased  to  be  engaged  in  active  educa- 
tional work  as  a  teacher,  a  student  in  school,  a  supervisor  or  ad- 
ministrator in  school  work,  for  a  period  of  two  consecutive 
years.  (R.  S.  1919,  §  11366.) 


Revised  School  Laws. 


143 


Sec.  11367.  Complimentary  certificates,  etc.,  prohib- 
ited.— Any  county  superintendent  of  public  schools,  members 
of  boards  of  examiners,  or  instructor  in  any  institute  or  approved 
summer  school  who  shall  grant  complimentary  certificates  or 
grades,  or  certificates  and  grades  except  in  accordance  with  the 
provisions  of  this  article,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  punished  by  a  fine 
not  to  exceed  five  hundred  dollars.  (R.  S.  1919,  §  11367.) 

Sec.  11368.     Law  not  to  apply  to  cities  of  75,000  or  over.— 

This  article  shall  not  apply  to  cities  having  or  hereafter  attain- 
ing a  population  of  75,000  or  more.  This  law  shall  take  effect 
and  be  in  force  on  and  after  January  1,  1912.  (R.  S.  1919,  § 
11368.) 

All  renewals  of  county  certificates  issued  prior  to  January  1,  1912,  are  valid 
only  in  the  county  in  which  issued  and  cannot  be  endorsed  in  other  counties. 

County  superintendents  have  authority  to  endorse  only  second  grade  cer- 
tificates, issued  after  January  1,  1912,  section  11362. 

All  grades  on  a  valid  third  grade  certificate  may  be  transferred  to  a  second 
grade  certificate.  Section  11362. 

All  scholastic  grades  for  a  first  grade  certificate  must  be  certified  from  the 
office  of  the  state  superintendent  of  schools.  Grades  from  a  second  or  third  grade 
certificate  cannot  be  transferred  to  a  first  grade  certificate,  unless  the  papers  for 
said  certificates  were  graded  by  the  state  superintendent  or  were  made  in  an 
approved  summer  school. 

According  to  section  11366,  all  grades  made  on  papers  graded  by  the  state 
superintendent  are  valid  in  any  county  in  the  state,  when  properly  certified  from 
the  office  of  the  state  superintendent  of  schools. 

There  is  no  provision  for  the  transfer  of  grades  from  a  certificate  issued  prior 
to  January  1,  1912,  to  one  issued  after  that  date. 


ARTICLE  XIII. 

COUNTY    TEXTBOOK    COMMISSION — FREE    TEXTBOOKS. 


Sec. 
11369. 


11370. 
11371. 


11372. 


11373. 

11374. 
11375. 
11376. 


11377. 

11378. 
11379. 
11380. 

11381. 
11382. 


Sec. 
County  textbook  commission  created  I  11383. 

— how   composed  —  vacancies,   how 

filled.  11384. 

Meetings  of  board — salary — how  paid.    11385. 
Shall    adopt    books    from    authorized    11386; 

list. 
Copy  of  book  and  statement  to   be    11387. 

filed    with    state  superintendent  by 

publisher.  11388. 

Publisher  to  pay  filing  fee — fund,  how    11389. 

used.  11390. 

Bond  to  be  given  by  publisher. 
When  liable  on  bond.  11391. 

State   superintendent   to   furnish    list 

of  publishers  to  county  superinten-    11392. 

dents  and  commissioners.  11393. 

Duty  of  publisher  when  book  is  adopt-    1 1394. 

ed. 

Adopted  books  to  be  used  exclusively.    11395. 
Changes,  how  made. 
What   to   be   considered   in   selecting 

books.  11396. 

Sale  by  dealers  in  certain  counties. 
Exchange  price.  11397. 


Penalty  for  using  other  than  adopted 
books. 

Supplementary  books. 

Indigent  pupils,  how  supplied. 

School  boards  may  furnish  textbooks 
for  poor  children,  how. 

Application  for  textbook  for  poor 
children,  to  whom  made. 

Certain  cities — may  adopt — how. 

Publisher  to  make  certain  statement. 

Publisher  to  show  ownership  of  pub- 
lishing house. 

Unlawful  combination  to  control  prices 
— contract  forfeited. 

Penalty  for  selling  without  license. 

Bribery — penalty. 

District  may  furnish  free  textbooks — 
how. 

County  court  to  apportion  foreign 
insurance  money  to  districts  furnish- 
ing free  textbooks. 

Funds  apportioned  to  purchase  text- 
books only. 

Corporation  furnishing  books  to  desig-^ 
nate  secretary  of  state  as  agent, 


144  .  Revised  School  Laws. 

Sec.  11369.  County  textbook  commission  created — how 
composed — vacancies,  how  filled. — There  is  hereby  created  a 
county  school  text  book  commission,  which  shall  be  the  county 
board  of  education  in  all  counties  in  which  such  a  board  exists. 
In  counties  where  there  is  no  county  board  of  education  the 
school  textbook  commission  shall  consist  of  the  county  super- 
intendent of  schools  and  two  teachers,  who  shall  be  selected 
in  the  same  manner  and  at  the  same  time  as  the  two  members 
of  the  county  board  of  education  that  are  appointed  in  those 
counties  that  have  a  county  commissioner  of  schools:  Provided, 
that  no  person  shall  be  appointed  to  serve  on  the  said  com- 
mission who  has  been  in  the  employ,  as  a  traveling  salesman  or 
otherwise,  in  this  state,  of, any  publisher  of  school  textbooks 
within  the  period  of  two  years  prior  to  this  article.  Vacancies 
on  the  commission,  resulting  from  death,  resignation,  removal 
from  the  county,  disqualification,  or  otherwise,  shall  be  filled 
as  prescribed  by  law.  A  majority  of  the  commission  shall  con- 
stitute a  quorum  for  the  transaction  of  all  business  of  the  com- 
mission. (R.  S.  1919,  §  11369.) 

Section  9957  of  the  Revised  Statutes  of  1899  provided  for  the  appointment 
of  the  county  board  of  education.  County  textbook  commissions  are  appointed, 
as  were  county  boards  of  education  under  that  section:  i.  e.,  the  state  board  of 
education  appoints  one  member  and  the  county  court  one.  The  implied  repeal 
of  this  section  by  the  law  establishing  county  supervision  does  not  affect  the 
method  of  appointing  the  textbook  commission.  Appointed  members  must  be 
teachers,  and  they  will  serve  for  two  years.  A  vacancy  is  filled  by  the  power  ap- 
pointing the  member  whose  place  becomes  vacant.  The  spirit  of  the  law  prohibits 
the  appointment  of  any  one  who  has  been  in  the  employ  of  a  textbook  publisher 
since  June  14,  1905. 

Sec.  11370.  Meetings  of  board— salary — how  paid. — The 
county  textbook  commission  shall  meet  at  the  county  seat  to  or- 
ganize within  thirty  days  from  the  date  of  the  taking  effect  of  this 
article.  The  county  superintendent  shall  be  ex  officio  president 
of  the  commission,  and  a  secretary  shall  be  elected  from  its  own 
membership.  Said  commissiori  shall  meet  annually  thereafter, 
and  special  meetings  may  be  called  by  the  president,  or  on  the 
written  request  of  the  other  two  members.  The  president  shall 
preside  at  all  meetings  of  the  commisssion,  and  the  secretary 
shall  keep  the  records  of  the  meetings,  and  all  contracts  shall  be 
signed  by  both  the  president  and  secretary.  Members  of  said 
commission  that  do  not  receive  an  annual  salary  from  the  county 
shall  receive  five  dollars  per  day  for  their  services,  with  such 
additional  amount  as  shall  be  necessary  to  cover  their  actual 
traveling  expenses:  Provided,  that  they  shall  receive  pay  for 
not  to  exceed  six  days  in  any  one  year,  the  same  to  be  audited 
and  paid  by  the  county  court.  (R.  S.  1919,  §  11370.) 

The  first  meeting  of  the  commission  is  the  only  one  required  by  the  law  to 
be  held  at  the  county  seat. 

The  commission  must  meet  annually,  but  except  when  adoptions  are  to  be 
made  it  should  not  be  in  session  more  than  one  day.  If  two  members  sign  a  request 
to  the  president  asking  that  a  meeting  be  called,  he  has  no  option  in  the  matter, 
but  must  call  same. 


Revised  School  Laws.  145 

County  superintendents  are  not  entitled  to  salary  for  serving  on  the  textbook 
commission. 

Sec.  11371.  Shall  adopt  books  from  authorized  list. — Said 
commission  shall  adopt  from  the  authorized  state  list,  as  herein- 
after provided,  a  uniform  series  of  textbooks  for  use  in  the 
schools  of  all  the  districts  of  the  county,  except  that  in  cities 
having  more  than  one  thousand  children  of  school  age,  as  shown 
by  the  last  enumeration,  and  in  towns  having  high  schools  af- 
filiated with  the  state  university,  the  board  of  directors  of  said 
cities  and  said  towns  may  select  from  the  aforesaid  list  such  books 
as  in  their  opinion  are  best  suited  to  the  local  conditions,  and 
may  contract  for  the  same.  (R.  S.  1919,  §  11371.) 

Unless  the  board  of  directors  in  the  cities  and  towns  included  in  the  provisions 
of  section  11371  select  books  from  the  authorized  state  list,  their  respective  schools 
must  use  the  books  adopted  by  the  county  textbook  commission.  Section  11388 
also  requires  the  boards  to  take  some  affirmative  action  if  they  do  not  accept  the 
county  adoptions. 

Boards  of  directors  must  select  books  from  those  on  the  state  list,  or  they 
must  use  the  books  adopted  by  the  county  commissions.  They  may  contract  for 
these  books  for  a  period  of  five  years,  acting  in  accordance  with  the  provisions 
of  section  11388. 

The  "authorized  state  list"  means  the  list  of  all  the  books  filed  with  the  state 
superintendent  by  publishers  who  have  complied  with  all  the  provisions  of  the 
law. 

A  school  losing  its  classification  as  a  high  school  must  use  the  books  adopted 
by  the  county  commission,  even  though  while  on  the  approved  list  it  contracted 
for  other  books  for  a  period  of  five  years.  A  school  becomes  exempt  from  the 
county  adoptions  and  has  power  to  select  and  contract  for  its  own  books  imme- 
diately upon  its  high  school  being  classified  or  when  the  city  in  which  it  is  located 
enumerates  1,000  children  of  school  age,  regardless  of  its  being  included  in  the 
county  contract. 

Sec.  11372.  Copy  of  book  and  statement  to  be  filed  with 
state  superintendent  by  publisher. — Before  the  publisher 
of  any  school  textbook  shall  offer  the  same  for  sale  to 
any  county  textbook  commission  or  board  of  school  di- 
rectors in  the  state  of  Missouri,  said  publisher  shall  file  a 
copy  of  said  textbook  in  the  office  of  the  state  superintendent  of 
public  schools  with  a  sworn  statement  of  the  list  price  and  the 
lowest  net  price  at  which  said  book  is  sold  anywhere  in  the  United 
States  under  like  conditions  of  distribution.  Said  publisher 
shall  file  with  the  state  superintendent  a  written  agreement  to 
furnish  said  book  or  books  to  the  county  textbook  commissions 
or  boards  of  directors  of  Missouri  at  the  price  so  filed.  Said 
publisher  must  further  agree  to  reduce  such  prices  in  Missouri  if 
reductions  are  made  elsewhere  in  the  country,  so  that  at  no  time 
may  any  book  be  sold  in  Missouri  at  a  higher  price  than  is  re- 
ceived for  the  same  book  elsewhere  in  the  country  where  like 
methods  of  distribution  prevail.  Said  publisher  shall  further 
agree  that  all  books  offered  for  sale  in  Missouri  shall  be  equal  in 
quality  to  those  deposited  in  the  office  of  the  state  superintendent 
as  regards  paper,  binding,  print,  illustration  and  a1!  points  that 
may  affect  the  value  of  said  books.  (R.  S.  1919,  §  11372.) 


146  Revised  School  Laws. 

Sec.  11373.  Publisher  to  pay  filing  fees — fund,  how  used. 
Before  the  publisher  of  any  school  textbook  shall  offer  the  same 
for  sale  to  any  county  school  textbook  commission  or  board  of 
school  directors  in  the  state  of  Missouri,  and  at  the  time  of  the 
filing  of  such  textbook  in  the  office  of  state  superintendent  of 
public  schools,  said  publisher  shall  pay  into  the  treasury  of  the 
state  of  Missouri  a  filing  fee  of  ten  dollars  for  each  book  offered 
by  said  publisher.  A  series  of  books  by  the  same  author  and 
upon  the  same  subject  shall  constitute  one  book  for  this  purpose. 
The  fees  thus  received  shall  constitute  a  fund  out  of  which  upon 
requisition  made  by  the  state  superintendent  of  public  schools, 
shall  be  paid  the  expenses  of  publishing  lists  and  other  inform- 
ation for  the  use  of  the  county  school  textbook  commissions, 
clerk  hire  and  other  necessary  expenses  in  connection  with  the 
filing  of  all  textbooks  submitted  for  adoption  in  the  state  of 
Missouri.  Any  balance  remaining  in  such  fund  shall  be,  upon 
the  first  of  January  of  each  year,  placed  to  the  credit  of  the 
general  revenue  fund  of  the  state.  (R.  S.  1919,  §  11373.) 

Only  surplus  remaining  in  textbook  filing  fund  and  only  the  surplus  of  earn- 
ings of  the  warehouse  commissioner  are  considered  revenue  for  school  purposes. 
State  ex  rel.  Gass  v.  Gordon,  266  Mo.  394,  181  S.  W.  1016. 

Before  offering  a  book  to  the  county  commission   for   adoption   the   publisher 
must  do  ten  things: 

1.  File  a  copy  of  the  book   to   be   offered   with   the   state  superintendent  of 
public  schools. 

2.  File  a  sworn  statement  of  the  list  price  and  the  lowest  net  price  at  which 
said  book  is  sold  anywhere  in  the  United    States   under   like   conditions   of  distri- 
bution. 

3.  File  an  agreement  to  sell  the  book  at  the  price  filed. 

4.  File  an  agreement  to  sell  such  book  in  Missouri  at  no  higher  price  than  is 
charged  elsewhere  in  the  United  States  under  like  conditions,  and    to    reduce    the 
price  of  such  book  in  Missouri  when  it  is  reduced  elsewhere. 

5.  File  an  agreement  that  all  books  offered  for    sale    in    Missouri  shall  be 
evqual  in  quality  to  those  deposited  in  the  office  of  the  state  superintendent. 

6.  Pay  a  filing  fee  of  ten  dollars  on  every  book  filed. 

7.  Execute  a  bond  to  insure  compliance  with  the  above  agreements. 

8.  Furnish  county  text-book  commissions  a  list  of  the  books  and  prices  filed 
with  the  state  superintendent. 

9.  File  sworn  statement  that  he  has  entered  into  no  agreement  to  control 
prices  or  to  restrict  competition  in  the  sale  of  books.      (Section  11389.) 

10.      File  sworn  statement,  showing  ownership  of  publishing  house,  and  what 
interest  or  shares  the  owners  hold  in  any  other  publishing  house.      (Section  11390.) 

Sec.  11374.  Bond  to  be  given  by  publisher. — To  insure 
compliance  with  the  aforesaid  conditions  under  which  school 
textbooks  may  be  sold  in  the  state  of  Missouri,  said  publisher 
shall  file  with  the  state  superintendent  a  bond  of  not  less  than 
two  thousand  dollars  nor  more  than  ten  thousand  dollars,  said 
bond  to  be  approved  by  the  state  superintendent  and  the  amount 
to  be  fixed  by  him;  upon  compliance  with  this  and  the  preceding 
section,  said  publisher  shall  thereupon  be  licensed  to  sell  school 
books  in  this  state.  (R.  S.  1919,  §  11374.) 

Sec.  11375.  When  liable  on  bond. — If  in  any  case  said 
publisher  shall  furnish  books,  inferior  in  any  particular  to  the 


Revised  School  Laws.  147 

samples  on  file  with  the  state  superintendent,  or  shall  require 
higher  prices  than  those  listed  with  the  state  superintendent, 
then  it  shall  become  the  duty  of  the  county  textbook  com- 
mission, or  board  of  directors,  to  inform  the  state  superintendent 
of  the  failure  of  said  publisher  to  comply  with  the  terms  of  his 
contract.  The  state  superintendent  shall  thereupon  notify  the 
publisher  of  said  complaint,  and,  if  said  publisher  shall  disregard 
the  notification  and  fail  to  immediately  comply  with  the  terms  of 
his  contract,  then  the  state  superintendent  shall  institute  legal 
proceedings  for  the  forfeiture  of  the  bond  of  said  publisher. 
(R.  S.  1919,  §  11375.) 

Sec.  11376.  State  superintendent  to  furnish  list  of  pub- 
lishers to  county  superintendents  and  commissioners. — Durirrg 
the  month  of  April,  1907,  and  thereafter  annually,  during  the 
month  of  January,  it  shall  be  the  duty  of  the  state  superin- 
tendent to  furnish  each  county  superintendent  with  a  list  of 
publishers  who  shall  have  conformed  to  the  requirements  here- 
inbefore set  forth  relating  to  sample  books,  prices  and  bond. 
(R.  S.  1919,  §  11376.) 

Sec.  11377.     Duty  of  publisher  when  book  is  adopted.— 

Before  seeking  to  enter  into  contract  with  any  county  textbook 
commission,  or  board  of  directors,  for  the  schools  covered  by  this 
article,  the  publisher  shall  furnish  the  county  superintendent  or 
secretary  of  the  board  of  directors  with  a  duplicate  printed  list 
of  the  books  and  prices  filed  with  the  state  superintendent. 
When  any  book  or  series  of  books  in  such  list  shall  have  been 
adopted  by  the  county  commission  or  by  any  board  of  directors 
in  said  county,  it  shall  be  the  duty  of  said  publisher  of  said  book 
or  books  to  furnish  each  county  superintendent  with  a  sample  of 
the  same,  to  remain  in  the  office  of  said  county  superintendent, 
and  to  be  the  property  of  said  county.  (R.  S.  1919,  §  11377.) 

The  copies  filed  with  the  county  superintendents  should  be  carefully  preserved. 
They  must  be  equal  in  quality  to  those  on  file  in  the  office  of  the  state  superin- 
tendent, and  will  allow  county  textbook  commissions  to  have  samples  available 
for  comparison  in  order  that  they  may  see  that  the  provisions  of  the  law  are  car- 
ried out.  The  books  are  "the  property  of  the  county,"  and  are  to  be  carefully 
preserved  and  turned  over  to  the  next  superintendent,  the  same  as  other  papers, 
books  and  files  of  the  office. 

Sec.  11378.  Adopted  books  to  be  used  exclusively.— The 
county  textbook  commissions  are  hereby  empowered  to  adopt 
text-books  for  all  subjects  that  may  be  taught  in  the  public 
schools  of  their  respective  counties,  and  to  enter  into  contract 
for  the  same  for  a  period  of  five  years  in  the  manner  hereinafter 
provided.  All  books  adopted  by  the  county  commission  shall 
be  used  exclusively  in  the  schools  of  the  county,  except  in  such 
towns  and  cities  as  are  exempt  in  section  11371;  and,  further, 
except  that  all  books  introduced  into  the  public  schools  since 
May  1,  1905,  either  through  the  action  of  boards  of  directors  or 
on  the  recommendation  of  county  superintendents  or  county 


148  Revised  School  Laws. 

boards  of  education,  may  be  continued  in  use  for  a  period  of  five 
years  from  the  date  of  the  introduction  of  said  books:  Pro- 
vided, that  the  publishers  of  said  books  shall  comply  with  all  the 
requirements  of  sections  11372  and  11373  prior  to  August  1, 
1907.  (R.  S.  1919,  §  11378.) 

Sec.  11379.  Changes,  how  made. — Said  commissions  shall 
make  no  changes  until  they  shall  have  advertised  for  bids  for  at 
least  two  successive  weeks  in  one  or  more  county  papers,  and  the 
adoption  of  such  books  shall  not  be  made  until  the  expiration  of 
at  least  fourteen  days  from  the  date  at  which  such  advertisement 
first  appeared.  Such  advertisement  shall  specify  subjects  in 
which  changes  will  be  considered  and  the  probable  number  of 
books  of  each  kind  required.  (R.  S.  1919,  §  11379.) 

Sec.  11380.  What  to  be  considered  in  selecting  books.— 
In  selecting  books  the  textbook  commission  shall  carefully  con- 
sider the  price,  character  of  the  subject-matter,  binding,  illus- 
trations, print  and  paper,  the  adaptability  to  local  conditions, 
and  all  points  that  affect  the  value  of  the  book.  (R.  S.  1919,  § 
11380.) 

Sec.  11381.  Sale  by  dealers  in  certain  counties. — In 
all  counties  where  the  county  court  does  not  elect  to  pur- 
chase textbooks  and  sell  the  same  to  pupils  at  cost,  as  here- 
inafter provided,  the  publisher  making  contracts  under  this  article 
shall  sell  and  furnish  to  all  dealers  or  merchants  of  said  county, 
or  to  dealers  or  merchants  in  contiguous  territory,  all  adopted 
textbooks  at  the  net  contract  price.  No  dealer  shall  sell  said 
books  at  more  than  fifteen  per  cent,  advance  on  said  net  contract 
price.  Any  dealer  or  merchant  violating  the  provisions  of  this 
section  shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction, 
shall  be  fined  not  less  than  twenty-five  dollars  and  not  more  than 
one  hundred  dollars.  (R.  S.  1919,  §  11381.) 

No  provision  is  made  for  the  county    court   to   purchase  textbooks  and  sell  to 
pupils  at  cost. 

Sec.  11382.  Exchange  price. — When  any  county  textbook 
commission  or  board  of  directors  shall  adopt  books  and  enter  into 
contracts  with  the  publishers  thereof,  such  contracts  shall  provide 
a  reasonable  exchange  price  for  the  books  displaced  by  such 
adoption.  (R.  S.  1919,  §  11382.) 

Sec.  11383.  Penalty  for  using  other  than  adopted  books. 
Any  teacher  or  school  director  who,  within  eight  months  after 
the  county  board  of  education  shall  have  adopted  a  list  of  text- 
books for  such  county,  shall  sanction  or  permit  the  use  of  any 
book  not  adopted  in  accordance  with  the  provisions  of  this 
article,  shal]  be  guilty  of  a  misdemeanor,  and,  upon  conviction, 
shall  be  fined  not  less  than  twenty-five  dollars  nor  more  than  one 
hundred  dollars.  If  any  county  textbook  commission  or  board 
of  directors  shall  attempt  to  change  any  textbook  before  the 


Revised  School  Laws.  149 

expiration  of  a  contract  for  the  same,  made  under  this  article, 
any  member  of  such  commission  or  board,  who  votes  for  such 
unlawful  change,  shall  be  guilty  of  a  misdemeanor,  and,  upon 
conviction,  shall  be  fined  not  less  than  twenty-five  dollars  nor 
more  than  one  hundred  dollars.  Any  publisher,  or  agent  of  said 
publisher,  who  shall  connive  at  or  seek  to  procure  such  unlawful 
change,  shall  be  guilty  of  a  misdemeanor,  and  subject  to  a  like 
penalty.  (R.  S.  1919,  §  11383.) 

Sec.  11384.  Supplementary  books.— Nothing  in  this  article 
shall  be  construed  to  prevent  the  use  of  such  supplementary 
books  as  shall  be  furnished  at  the  expense  of  the  school  district, 
provided  such  supplementary  books  shall  not  displace  books 
regularly  adopted  under  the  provisions  of  this  article.  (R.  S. 
1919,  §  11384.) 

Sec.  11386.  Indigent  pupils,  how  supplied. — The  boards 
of  directors  of  each  school  district  shall  have  authority  to  pur- 
chase all  necessary  books  for  indigent  pupils  and  pay  for  the 
same  out  of  the  incidental  funds  of  the  district.  (R.  S.  1919, 
§  11385.) 

Sec.  11386.  School  boards  may  furnish  textbooks  for  poor 
children,  how. — The  school  boards  of  the  several  districts  of  the 
respective  counties  of  the  state  of  Missouri  are  hereby  authorized 
to  purchase  out  of  the  incidental  school  revenue  fund  of  the 
respective  school  districts  textbooks  for  poor  children.  (R.  S. 
1919,  §  11386.) 

Sec.  11387.  Application  for  textbooks  for  poor  children,  to 
whom  made,  etc. — Application  for  or  on  behalf  of  children  com- 
ing within  the  purview  of  this  article  shall  be  made  to  the  board, 
which  shall  determine  the  same  in  an  informal  way.  And  if 
found  worthy,  the  board  shall  procure  the  books  as  in  the  pre- 
ceding section  provided.  (R.  S.  1919,  §  11387.) 

Sec.  11388.  Certain  cities — may  adopt— how.— Boards  of 
directors  of  cities  and  towns  exempt  from  county  uniformity 
under  section  11371,  who  may  not  accept  county  uniformity, 
may  adopt  and  contract  for  books  from  the  state  list  under  the 
same  restrictions  and  in  the  same  general  manner  as  herein  pro- 
vided for  the  adoption  of  books  by  the  county  textbook  com- 
mission. (R,  S.  1919,  §  11388.) 

Sec.  11389.  Publisher  to  make  certain  statement.— When 
any  publisher  of  school  text-books  shall  file  with  the  state  super- 
intendent the  samples  and  lists  provided  for  in  section  11372, 
said  publisher  at  the  same  time  shall  be  required  to  file  a  sworn 
statement  that  he  has  no  understanding  or  agreement  of  any 
kind  with  any  other  publisher,  or  interest  in  the  business  of  any 
other  publisher,  with  the  effect,  design  or  intent  to  control  the 
prices  on  such  books  or  to  restrict  competition  in  the  adoption  or 
sale  thereof.  (R.  S.  1919,  §  11389.) 


150  Revised  School  Laws. 

Sec.  11390.  Publisher  to  show  ownership  of  publishing 
house. — Before  being  licensed  to  sell  school  textbooks  in  this 
state,  the  publisher  thereof  shall  file  with  the  state  superintend- 
ent of  public  schools  a  sworn  statement,  showing  the  ownership 
of  such  publishing  house,  with  the  interest,  names  and  addresses 
of  such  owners,  and  specifically  stating  whether  or  not  the  said 
publisher,  or  the  owner  of  any  interest  or  shares  in  such  pub- 
lishing house,  is  the  owner  of  any  interest  or  shares  in  any  other 
publishing  house,  and  if  so,  giving  the  name  and  address  thereof. 
(R.  S.  1919,  §  11390.) 

Sec.  11391.  Unlawful  combination  to  control  prices — con- 
tract forfeited. — If  at  any  time  any  publisher  shall  enter  into  any 
understanding,  agreement  or  combination  to  control  the  prices 
or  to  restrict  competition  in  the  adoption  or  sale  of  school  books, 
or  if  the  statements  required  of  said  publisher  by  the  two  pre- 
ceding sections  shall  be  untrue  in  any  respect,  then  the  attorney- 
general  shall  institute  and  prosecute  legal  proceedings  for  the 
forfeiture  of  the  bond  of  said  publisher  and  for  the  revocation  of 
his  authority  to  sell  school  books  in  this  state,  and  all  contracts 
made  by  said  publisher  under  this  article  shall  thereupon  be- 
come null  and  void  at  the  option  of  the  other  parties  thereto. 
(R.  S.  1919,  §  11391.) 

Sec.  11392.  Penalty  for  selling  without  license. — Any  pub- 
lisher who  shall  sell,  or  offer  for  sale  or  adoption  in  this  state, 
school  textbooks  of  any  kind  without  first  obtaining  a  license 
therefor  under  this  article,  shall  be  guilty  of  a  misdemeanor, 
and,  upon  conviction,  shall  be  fined  not  less  than  five  hundred 
dollars  and  not  more  than  five  thousand  dollars.  (R.  S.  1919, 
§  11392.) 

Sec.  11393.  Bribery — penalty. — Any  member  of  any  coun- 
ty board  of  education  who  shall  accept  or  receive  any  money, 
gift  or  any  property,  or  favor  whatsoever,  from  any  person,  firm 
or  corporation  selling  or  offering  for  sale  any  textbooks,  or  any 
agent  thereof,  or  from  any  person  in  any  way  interested  in  the 
sale  of  textbooks,  shall,  upon  conviction,  be  punished  by  a  fine 
not  exceeding  one  thousand  dollars  or  by  imprisonment  in  the 
county  jail  for  not  more  than  six  months,  or  by  both  such  fine 
and  imprisonment.  (R.  S.  1919,  §  11393.) 

Sec.  11394.  District  may  furnish  free  textbooks,  how.— 
The  qualified  voters  of  any  school  district  in  the  state  may  at 
any  annual  or  special  school  meeting,  fifteen  days'  notice  having 
been  given  as  required  in  section  11209,  vote  to  authorize  the 
board  of  directors  or  board  of  education  of  such  district  to  pur- 
chase from  the  incidental  fund  and  furnish  free  all  the  textbooks 
for  all  the  pupils  in  the  public  schools  of  said  district.  A  ma- 
jority vote  of  those  voting  upon  this  proposition  shall  be  suffi- 
cient to  decide  the  question.  In  the  event  the  incidental  fund  is 
not  sufficient  to  supply  all  the  books  during  the  first  year,  then 


Revised  School  Laws.  151 

the  board  shall  supply  as  many  grades  of  their  school  or  schools 
as  possible  beginning  with  the  lowest  grade  and  shall  furnish 
free  textbooks  to  all  the  pupils  of  all  the  elementary  grades 
within  a  period  of  three  years  from  the  date  of  the  school  meet- 
ing at  which  it  was  decided  to  furnish  free  textbooks.  Such 
books  shall  be  the  property  of  the  school  district,  but  shall  be 
furnished  free  of  charge  to  all  public  school  pupils  for  use  in  the 
public  schools  of  said  school  district,  under  such  rules  and  reg- 
ulations as  the  board  of  directors  or  board  of  education  shall 
prescribe.  No  board  of  directors  or  board  of  education  shall 
pay  a  higher  price  for  such  books  than  is  paid  by  any  other  school 
district  in  this  state,  or  in  any  other  state  purchasing  textbooks 
in  the  open  market.  No  contract  hereafter  made  by  any  county 
or  state  textbook  commission  shall  be  binding  upon  any  school 
district  furnishing  free  textbooks  to  its  pupils.  No  contract  for 
books  for  a  period  of  more  than  five  years  shall  be  made  by  any 
school  district  under  the  provisions  of  this  article.  Any  owner, 
agent,  solicitor  or  publisher  of  textbooks  who  shall  offer  for  sale 
in  this  state  or  sell  to  any  board  of  directors  or  board  of  education 
textbooks  at  a  higher  price  than  herein  specified,  shall  be  guilty  of 
a  misdemeanor  and  shall  upon  conviction  thereof  be  punished  by 
a  fine  of  not  less  than  five  hundred  dollars  and  not  more  than  ten 
thousand  dollars  for  each  offense.  (R.  S.  1919,  §  11394.) 

Sec.  11395.  County  court  to  apportion  foreign  insurance 
money  to  districts  furnishing  free  textbooks. — Whenever  the 
board  of  directors  or  board  of  education  of  any  school  district  in 
this  state  certifies  to  the  county  court  that  they  are  furnishing 
textbooks  free  of  charge  to  all  the  pupils  in  at  least  the  first  four 
grades  in  the  public  schools  of  their  district,  it  shall  be  the  duty 
of -the  county  court  to  apportion  annually  to  each  such  school 
district  from  the  county  foreign  insurance  tax  moneys  received 
from  the  state  treasurer  in  accordance  with  section  6390, 
an  amount  to  be  determined  by  multiplying  the  number 
of  children  on  the  last  enumeration  list  of  said  school 
district  by  the  ratio  used  by  the  state  auditor  in  making  the 
distribution  of  said  foreign  insurance- tax  moneys  among  the 
counties  of  the  state,  and  shall  order  the  county  treasurer  to 
place  to  the  credit  of  the  incidental  fund  of  each  such  district 
the  amount  thus  obtained,  or  shall  draw  its  warrant  in  favor 
of  the  proper  township  treasurer  or  treasurers  for  the  amount 
due  the  districts  of  the  various  townships,  and  shall  also  draw 
its  warrant  in  favor  of  the  treasurer  of  any  school  district  or- 
ganized as  a  city,  town  or  consolidated  district  for  the  amount 
due  such  district.  When  any  school  district  that  contains 
an  incorporated  town  or  city  received  such  aforesaid  moneys 
on  account  of  furnishing  free  textbooks,  then  the  incorporated 
city  Or  town  contained  in  such  district  shall  not  be  entitled  to 
any  further  moneys  under  section  6391.  After  the  money  due 
the  aforesaid  districts  on  account  of  their  furnishing  free  text- 


152 


Revised  School  Laws. 


books  has  been  properly  apportioned,  the  county  court  shall 
then  proceed  to  apportion  the  remaining  fund  in  accordance 
with  the  provisions  of  section  6391.  (R  S.  1919,  §  11395.) 

Sec.  11396.  Funds  apportioned  to  purchase  textbooks 
only. — The  funds  received  by  the  various  school  districts  in 
accordance  with  section  11395,  shall  be  used  only  for  the  pur- 
chase of  textbooks  for  free  use  in  the  public  schools  of  said 
districts,  and  any  district  that  does  not  within  three  years  after 
receiving  the  first  grant  of  money  under  this  article  furnish  all 
the  textbooks  free  to  all  the  pupils  of  its  elementary  schools, 
shall  be  deprived  of  any  further  moneys  under  this  article 
until  such  time  as  it  does  furnish  all  said  textbooks  free.  (R.  S. 
1919,  §  11396.) 

Sec.  11397.  Corporation  furnishing  books  to  designate 
secretary  of  state  as  agent. — Any  person,  firm  or  corporation 
furnishing  textbooks  to  any  districts  under  the  provisions  of 
this  article  shall  designate  secretary  of  state  of  the  state  of  Miss- 
souri  as  its  or  their  agent  upon  whom  citation  and  all  other  writs 
and  processes  may  be  served  in  the  event  any  suit  shall  be 
brought  against  such  person,  firm  or  corporation.  (R.  S.  1919, 
§  11397.) 

FORM    OF    NOTICE    OF   SPECIAL   SCHOOL.   ELECTION. 

In  accordance  with  the  provisions  of  H.  B.  810,  entitled  "An  act  to  provide 
free  textbooks  in  all  the  public  schools  of  the  state,"  enacted  by  the  forty-seventh 
general  assembly  of  Missouri,  notice  is  hereby  given  to  the  qualified  voters  of  the 

school  district  of  ,  in  county,  Missouri,  that  a  special  school  election 

will  be  held  at  the  schoolhouse  in  said  school  district  on  ,  the  day  of 

,  19 — ,  polls  opening  at  7  a.  m.  and  closing  at  6  p.  m.,  to  vote  upon  the  fol- 
lowing proposition: 

1.      To  provide  free  textbooks  for  the  public  school  pupils. 

Done  by  order  of  the  school  board,  this day  of 


.    Secretary  of  School  Board. 
(Form  of  notice  for  town,   city  and   consolidated  schools.) 


ARTICLE  XIV. 


STATE    BOARD    OF    EDUCATION. 


Sec. 

11401.  Power  to  employ  attorneys — fees  for 
services  of  same. 

11402.  To  report  to  legislature. 


Sec. 

11398.  State   board   of   education — members 
and  duties. 

1 1399.  Duty  in  relation  to  swamp  lands. 

11400.  Duty  as  to  state  school  fund  of  coun- 
ties. 

Sec.  11398.  State  board  of  education — members  and 
duties. — The  supervision  of  instruction  in  the  public  schools 
shall  be  vested  in  a  state  board  of  education,  whose  powers 
and  duties  shall  be  prescribed  by  law.  The  superintendent 
of  public  schools  shall  be  president  of  the  board;  the  governor, 
secretary  of  state  and  attorney-general  shall  be  ex  officio  members, 


Revised  School  Laws.  153 

and,  with  the  superintendent,  compose  said  board  of  education. 
It  shall  be  the  duty  of  the  state  board  of  education  to  take  the 
general  supervision  over  the  entire  educational  interests  of  the 
state;  to  direct  the  investment  of  all  moneys  received  by  the 
state  to  be  applied  to  the  capital  of  any  fund  for  educational 
purposes;  to  see  that  all  funds  are  applied  to  such  branch  of 
the  educational  interest  of  the  state  as  by  grant,  gift,  devise  or 
law  they  were  originally  intended.  (R.  S.  1919,  §  11398.) 

Sec.  11399.  Duty  in  relation  to  swamp  lands. — The  state 
board  of  education  is  hereby  required  to  ascertain  from  all 
the  various  counties  in  the  state  having  swamp  or  other  school 
lands  what  disposition  has  been  made  of  the  same,  and  when  in 
any  case  it  shall  be  ascertained  that  the  objects  of  the  grant 
have  been  violated,  the  funds  arising  therefrom  perverted,  or 
the  lands  or  moneys  used  for  any  purpose  other  than  those 
named  in  the  grant,  and  by  the  law  intended,  it  shall  be  their 
duty  to  institute  suits  to  recover  the  same  in  the  name  of  the 
state  in  behalf  of  the  public  schools  of  the  county  in  which 
such  lands  lie.  (R.  S.  1919,  §  11399.) 

Section  construed. — The  state  board  of  education  has  authority  to  employ 
attorneys  to  reclaim  or  protect  swamp  lands  held  in  trust  by  counties  for  school 
purposes.  State  ex  rel.  v.  Crumb,  157  Mo.  545,  57  S.  W.  1030;  Phillips  v.  County, 
187  Mo.  698,  86  S.  W.  231.  When  a  county  has  caused  a  patent  to  issue  for  swamp 
lands  and  suffered  the  same  to  remain  on  record  thirty  years  without  attacking 
its  validity,  it  is  estopped  from  thereafter  denying  that  such  patent  passed  a  valid 
title.  Simpson  v.  County,  173  Mo.  421,  73  S.  W.  700. 

Sec.  11400.    Duty  as  to  state  school  fund  of  counties. — It 

shall  also  be  the  duty  of  the  said  state  board  of  education  to 
ascertain  from  all  the  counties  of  the  state  what  disposition 
has  been  made  of  the  state  school  fund  drawn  by  the  counties 
from  the  state  yearly,  how  much  thereof  has  been  transferred 
to  the  school  townships;  and  when  any  such  fund,  or  any  part 
thereof,  has  been  diverted  from  its  lawful  use,  it  shall  be  their 
duty,  in  like  manner  as  in  the  last  section  providsd,  to  institute 
suit  for  and  collect  the  same  and  return  it  to  its  legitimate 
channel.  (R.  S.  1919,  §  11400.) 

See  cases  cited  under  Sec.  11399. 

Sec.  11401.  Power  to  employ  attorneys— fees  for  services 
of  same. — The  state  board  of  education  shall  have  power  to 
employ  a  competent  attorney  in  each  congressional  district  to 
prosecute  the  suits  mentioned  in  the  preceding  section,  and  who, 
for  such  services,  shall  be  allowed  the  following  per  cent,  as  fees: 
For  all  claims  prosecuted  to  final  judgment  in  favor  of  the  state 
or  county  as  plaintiff,  on  all  sums  under  five  hundred  dollars, 
ten  per  cent.;  between  five  hundred  and  one  thousand  dollars, 
seven  per  cent.;  between  one  thousand  and  two  thousand  dollars, 
five  per  cent.;  between  two  thousand  and  four  thousand  dollars, 
three  per  cent.;  between  four  thousand  and  eight  thousand  dol- 
lars, two  per  cent.,  and  for  all  sums  over  eight  thousand  dollars, 
one  per  cent. — such  fees  to  be  paid  said  attorney  out  of  the  sums 


154  Revised  School  Laws. 

collected;  and  where  lands  are  recovered  by  suits  instituted  by 
such  attorneys,  they  shall  be  allowed  such  sums  for  their  services 
as  may  be  deemed  reasonable  by  the  county  court  of  the  county 
in  which  the  lands  recovered  are  situated,  to  be  paid  out  of  the 
county  treasury;  but  if  said  county  court  shall  neglect  or  refuse 
to  allow  reasonable  compensation  for  the  services  of  said  at- 
torneys in  prosecuting  suits  for  the  recovery  of  lands  as  above  set 
forth,  then  such  attorneys  may  bring  suit  in  the  circuit  court  of 
the  proper  county  against  the  county  the  court  of  which  so  re- 
fuses or  neglects  to  allow  compensation,  and  the  amount  thus 
recovered  shall  stand  as  a  judgment  against  the  county  in  which 
said  lands  are  located  upon  which  suit  was  brought.  And  it  shall 
be  the  further  duty  of  said  attorneys  to  examine  the  records  and 
papers  relating  to  school  lands  and  funds  in  the  counties  of  the 
district  for  which  they  are  appointed  and  report  the  condition 
of  the  same  to  the  state  board  of  education,  and  they  shall  re- 
ceive, as  compensation  therefor,  the  sum  of  six  dollars  per  day  for 
the  time  actually  employed  in  such  examination,  said  amount  to 
be  audited  by  the  state  board  of  education  and  paid  out  of  any 
moneys  in  the  state  treasury  not  otherwise  appropriated:  Pro- 
vided,  that  no  more  than  five  days  shall  be  employed  in  such  ex- 
amination in  any  one  county,  except  upon  an  order  of  the  state 
board  of  education.  (R.  S.  1919,  §  11401.) 

See  cases  cited  under  Sec.  11399. 

Sec.  11402.  To  report  to  legislature.— Said  board  of  edu- 
cation shall  report  to  each  session  of  the  legislature  their  pro- 
ceedings under  this  chapter,  stating  therein  what  suits  have  been 
instituted,  the  amount  of  money  collected,  if  any,  and  the  land 
recovered,  if  any,  naming  the  counties  in  which  such  suits  were 
instituted  and  lands  recovered,  with  such  other  information  as 
may  be  deemed  important.  (R.  S.  1919,  §  11402.) 

See  cases  cited  under  Sec.  11399. 


Revised  School  Laws. 


155 


ORGANIZATION   AND    SCOPE    OF    THE    LINCOLN   UNI- 
VERSITY 

Senate  bill  No.  435,  Repealing  Article  XVIIa  of  Chapter  102,  Re- 
vised Statutes  of  Missouri,  1919;  Amended  Laws  of  1921. 
Approved  April  15,  1921. 


Sec. 

1.  Name  changed. 

2.  Board  of  curators — qualifications. 

3.  Powers  and  duties  of  the  board  of  curators. 

4.  Appointment  of  board — term  of  office. 

5.  Duties  of  old  board  of  regents  to  pass  to 
the  new  board  of  curators. 


Sec. 

6.  Board  of  curators  to  organize  after  what 
manner. 

7.  May  arrange  attendance  at  university  in 
adjacent  states. 

8.  Appropriation. 


Section  1.  Name  changed. — The  name  of  the  Lincoln 
institute  is  hereby  changed  to  the  Lincoln  university. 

Sec.  2.  Board  of  curators — qualifications. — The  control 
of  the  Lincoln  university  shall  be  vested  in  a  board  of  curators 
to  be  constituted  as  follows:  The  state  superintendent  of 
instruction,  ex  officio,  and  eight  members,  at  least  four  (4)  of 
whom  shall  be  negroes.  There  shall  be  no  restrictions  as  to 
residence  except  that  all  appointees  shall  be  citizens  of  Missouri 
and  shall  reside  within  the  state. 

Sec.  3.     Powers  and  duties  of  the  board  of  curators. — The 

board  of  curators  of  the  Lincoln  university  shall  be  authorized 
and  required  to  reorganize  said  institution  so  that  it  shall  afford 
to  the  negro  people  of  the  state  opportunity  for  training  up  to 
the  standard  furnished  at  the  state  university  of  Missouri  when- 
ever necessary  and  practicable  in  their  opinion.  To  this  end 
the  board  of  curators  shall  be  authorized  to  purchase  necessary 
additional  land,  erect  necessary  additional  buildings,  to  pro- 
vide necessary  additional  equipment,  and  to  locate,  in  the  county 
of  Cole,  the  respective  units  of  the  university  where,  in  their 
opinion,  the  various  schools  will  most  effectively  promote  the 
purposes  of  this  act. 

Sec.  4.  Appointment  of  board — term  of  office. — As  soon 
as  possible  after  the  passage  of  this  act,  the  governor  shall  by  and 
with  the  advice  and  consent  of  the  senate  appoint  four  members 
of  the  board  of  curators  to  hold  office  until  January  1st,  1923;  four 
to  hold  office  until  January  1st,  1925,  and  their  successors  shall 
be  appointed  for  terms  of  four  years.  Within  thirty  days  after 
the  members  of  the  board  of  curators  shall  have  been  appointed 
and  qualified,  the  governor  shall  call  a  meeting  for  the  pur- 
pose of  organization,  at  Jefferson  City,  at  such  place  as  he  may 
designate. 

Sec.  5  Duties  of  old  board  of  regents  to  pass  to  the  new 
board  of  curators. — With  the  organization  of  the  board  of 
curators  the  board  of  regents  of  the  Lincoln  institute  shall  ter- 
minate and  all  of  their  responsibilities  and  privileges,  under  the 


156  Revised  School  Laws. 

several  statutes  relating  to  the  Lincoln  institute,  shall  pass  im- 
mediately to  the  board  of  curators. 

Sec.  6.  Board  of  curators  to  organize  after  what  manner.— 
It  is  hereby  provided  that  the  board  of  curators  of  the  Lincoln 
university  shall  organize  after  the  manner  of  the  board  of  curators 
of  the  state  university  of  Missouri  and  it  is  further  provided 
that  the  powers,  authority,  responsibilities,  privileges,  im- 
munities, liabilities  and  compensation  of  the  board  of  curators 
of  the  Lincoln  university  shall  be  the  same. as  those  prescribed 
by  statute  for  the  board  of  curators  of  the  state  university  of 
Missouri,  except  as  stated  in  this  act. 

Sec.  7.  May  arrange  attendance  at  university  in  adjacent 
states. — Pending  the  full  development  of  the  Lincoln  university, 
the  board  of  curators  shall  have  the  authority  to  arrange  for  the 
attendance  of  negro  residents  of  the  state  of  Missouri  at  the 
university  of  any  adjacent  state  to  take  any  course  or  to  study 
any  subjects  provided  for  at  the  state  university  of  Missouri, 
and  which  are  not  taught  at  the  Lincoln  university  and  to  pay 
the  reasonable  tuition  fees  for  such  attendance;  provided  that 
whenever  the  board  of  curators  deem  it  advisable  they  shall 
have  the  power  to  open  any  necessary  school  or  department. 

Sec.  8.  Appropriation. — To  enable  the  board  of  curators 
to  carry  out  the  purposes  of  this  act,  as  stated  specifically  in 
section  3.  and  subject  to  the  provisions  of  section  6,  of  the  same, 
there  is  hereby  appropriated  from  any  unappropriated  portion 
of  the  general  school  funds  the  sum  of  five  hundred  thousand 
($500,000.00)  dollars. 


SCHOOL  LIBRARIES. 
Chapter  60,  Article  IV. 

Sec.  7188.  Library  board  created. — There  is  hereby  cre- 
ated a  state  library  board  to  consist  of  five  members,  four  of 
whom  shall  be  appointed  by  the  state  board  of  education  to 
serve  for  four  years  and  until  their  successors  are  appointed. 
The  state  superintendent  of  schools  shall  be  a  member  and  ex 
o/ficio  chairman.  (R.  S.  1919,  §  7188.) 

Sec.  7189.  Board  shall  select,  classify  and  recommend 
books. — The  state  library  board  shall  select,  classify  and  recom- 
mend a  list  of  suitable  books  for  school  libraries,  supplementary 
reading  and  school  reference  books.  Said  list  shall  contain  not 
less  than  forty  suitable  books  to  supplement  the  regular  school- 
room work  in  each  of  the  following  lines:  Reading,  literature, 
history,  geography  and  nature  study,  or  practical  agriculture. 
They  shall  enter  into  contract  with  the  publishers  of  the  selected 
books  to  furnish  them,  transportation  charges  prepaid,  at  the 
lowest  possible  cost  to  the  districts:  Provided,  that  said  list  may 


Revised  School  Laws. 


157 


be  revised  every  two  years  by  said  board.  It  shall  be  the  duty 
of  the  state  superintendent  of  public  schools  to  publish  and  dis- 
tribute to  the  district  clerks  of  the  state  a  classified  list  of  se- 
lected books,  setting  forth  contract  price  of  each.  (R.  S.  1919, 
§  7189.) 

Sec.  7190.  School  boards  to  set  aside  funds  to  purchase 
books. — For  the  purpose  of  purchasing  school  libraries,  supple- 
mentary and  reference  books,  district  boards  of  directors  shall 
set  aside,  out  of  the  levy  made  for  incidental  purposes,  not  less 
than  five  nor  more  than  twenty  cents  per  pupil  enumerated  in 
the  district  each  year,  which  shall  be  spent  under  the  direction 
of  the  board  in  purchasing  books  from  the  list  selected:  Pro- 
vided, that  books  other  than  those  selected  may  be  purchased 
after  one  hundred  volumes  have  been  purchased  from  the  se- 
lected list  of  library  books.  (R.  S.  1919,  §  7190.) 


EMPLOYMENT  OF  CHILDREN. 

Senate  bill  No.  60,  Repealing  Article  III  of  Chapter  II,  Revised 
Statutes  of  Missouri,  1919;  Amended  Laws  of  1921.  Ap- 
proved April  16,  1921. 


Sec. 

1.  Children  under  14  not  to  be  employed  at 
gainful  occupation. 

2.  Children  over  14  and  under  16  not  to  be 
employed  unless  certificated. 

3.  Hours  of  labor. 

4.  Denning  kinds  of  labor. 

5.  Must  have  employment  certificate. 

6.  Occupations  forbidden. 

7.  Permit  certificate  issued  by  whom — under 
what  conditions. 


Sec. 

8.  Permit  certificate  may  be  renewed. 

9.  File  certificate — make  list  of   children — 
certificate  prepared  by  whom. 

10.  Printing  expenses  paid,  how. 

11.  Labor  permits  inspected. 

12.  Labor  permit  not  granted,  when. 

13.  Presence  of  child  indicates  employment. 

14.  Penalty. 


Section  1.  Children  under  14  not  to  be  employed  at  gain- 
ful occupation. — No  child  under  the  age  of  fourteen  years  shall 
be  employed  or  suffered  to  work  at  any  gainful  occupation  during 
the  hours  when  the  public  schools  in  the  district  in  which  the 
child  resides  are  in  session. 

Sec.  2.  Children  over  14  and  under  16  not  to  be  employed 
unless  certificated. — No  child  over  the  age  of  fourteen  years  and 
under  the  age  of  sixteen  years  shall  be  employed  or  suffered  to 
work  at  any  gainful  occupation  during  the  hours  when  the 
public  school  of  the  district  in  which  such  child  resides  is  in 
session,  unless  said  child  has  procured  and  filed  permit  certifi- 
cate as  herein  provided  for. 

Sec.  3.  Hours  of  labor. — No  child  under  the  age  of  six- 
teen years  shall  be  employed  at  any  gainful  occupation  for  more 
than  forty-eight  hours  in  any  one  week,  nor  before  the  hour  of 
seven  o'clock  in  the  forenoon  and  seven  o'clock  in  the  afternoon 
of  any  one  day. 


158  Revised  School  Laws. 

Sec.  4.  Defining  kinds  of  labor. — The  provisions  of  the 
foregoing  sections  shall  not  apply  to  children  under  sixteen 
years  of  age  engaged  in  agricultural  pursuits  or  in  domestic 
service  or  to  children  working  for  their  parents  or  guardians, 
and  nothing  in  this  act  shall  be  so  construed  as  to  authorize 
any  child  under  sixteen  years  of  age  to  be  employed  at  any 
gainful  occupation  dangerous  to  the  life,  limb  or  health  of  such 
child  as  defined  by  the  law. 

Sec.  5.  Must  have  employment  certificate. — No  child  under 
the  age  of  fourteen  years  shall  be  employed  at  any  gainful  oc- 
cupation when  the  school  of  the  district  in  which  said  child  resides 
is  not  in  session  unless  such  child  shall  have  a  permit  certificate 
issued  in  the  manner  and  by  the  authority  herein  directed,  and 
no  child  over  fourteen  years  of  age  and  under  sixteen  years  of 
age  shall  be  employed  at  any  gainful  occupation  while  the  public 
school  of  its  district  is  in  session,  unless  such  child  has  a  permit 
certificate  issued  in  the  manner  and  by  the  authority  herein 
provided  for,  and  no  permit  certificate  shall  be  in  force  with- 
out renewal  for  a  longer  period  than  three  months  from  the  date 
of  issuance  thereof. 

Sec.  6.  Occupations  forbidden. — No  child  under  the  age 
of  sixteen  years  shall  be  employed,  permitted  or  suffered  to  work 
at  any  of  the  following  occupations  or  in  any  of  the  following 
positions:  Belted  sewing  machines  in  any  workshop  or  factory, 
or  assisting  therein  in  any  capacity  whatever;  adjusting  any 
belt  to  any  machinery;  oiling,  wiping  or  cleaning  machinery  or 
assisting  therein;  operating,  or  assisting  in  operating  — circular 
saws;  wood  jointers;  wood  shapers;  planers;  sandpaper  or  wood 
polishing  machinery;  picker  machines;  machines  used  in  picking 
wool;  machines  used  in  picking  cotton;  machines  used  in  pick- 
ing hair;  machines  used  in  picking  upholstering  material;  paper- 
lacing  machines;  leather-burnishing  machines;  burnishing 
machines  in  any  tannery  or  leather  manufactory;  job  or  cylinder 
printing  presses,  operated  by  power  other  than  foot  power; 
emery  or  polishing  wheels  used  for  polishing  metal;  wood-turn- 
ing or  boring  machinery;  stamping  machines  used  in  sheet  metal 
and  tinware  manufacturing;  stamping  machines  used  in  washer 
and  nut  factories;  corrugating  rolls,  such  as  are  used  in  roofing 
and  washboard  factories;  steam  boilers;  steam  machinery;  or 
other  steam  generating  apparatus;  dough  brakes;  or  cracker 
machinery  of  any  description;  wire  or  strengthening  machinery; 
rolling  mill  machinery,  punches  or  shears;  washing,  grinding  or 
mixing  mills;  calender  rolls  in  rubber  manufacturing;  laundering 
machinery;  preparing  any  composition  in  which  dangerous  or 
poisonous  acids  or  alkalies  are  used;  manufacture  of  paints, 
colors  or  white  lead;  dipping,  drying  or  packing  matches;  manu- 
facturing, packing  or  storing  powder,  dynamite,  nitroglycerine 
compounds,  fuses  or  other  explosives;  manufacture  of  goods 
for  immoral  purposes;  nor  in,  about  or  in  connection  with  any 


Revised  School  Laws.  159 

brewery,  or  other  establishment  where  malt  or  alcoholic  liquors 
are  manufactured,  packed,  wrapped  or  bottled;  hotel;  concert 
hall;  moving  picture  show;  pool  or  billiard  hall;  wholesale  drug 
store;  saloon,  or  place  of  amusement;  nor  in  operating  any  auto- 
mobile, motor  car  or  truck;  nor  in  any  bowling  alley;  nor  in  any 
other  employment  declared  by  the  state  industrial  inspector  to 
be  dangerous  to  lives  and  limbs,  or  injurious  to  the  health  or 
morals  of  children  under  the  age  of  sixteen:  Provided,  that  the 
provisions  of  this  section  shall  not  apply  to  children  engaged  in 
working  with  machinery  in  any  manual  training  school  under 
supervision  of  an  instructor. 

Sec.  7.  Permit  certificate  issued  by  whom — under  what 
conditions. — Permit  certificates  shall  be  issued  only  by  the 
superintendent  or  principal  of  the  public  school  of  the  district 
wherein  such  child  resides,  or  by  some  person  appointed  by  an 
order  of  the  board  of  directors,  board  of  education,  or  the  body 
having  local  supervision  of  public  schools,  entered  on  record. 
No  permit  certificate  shall  be  issued  to  any  child  until  such  child, 
its  parents  or  guardians,  has  furnished  satisfactory  proof  to  the 
person  to  whom  application  has  been  made  that  there  exists  a 
necessity  for  the  labor  of  such  child  and  that  the  work  in  which 
it  is  about  to  be  engaged  is  neither  dangerous  to  the  person  nor 
dilatorious  to  health,  and  before  such  permit  shall  be  issued,  the 
certificate  of  some  reputable  physician  shall  be  made  and  filed 
with  the  officer  issuing  the  permit,  showing  that  said  child  is  in 
good  mental  and  physical  health  and  is  capable  of  performing 
labor  without  injury  to  the  health  or  mental  development  of 
such  child;  together  with  an  affidavit  of  the  parent,  parents, 
or  guardian  of  said  child  showing  date  of  birth  and  age  of  such 
child.  Whenever  the  provisions  of  this  section  have  been  com- 
plied with  and  the  person  authorized  to  issue  the  labor  permit 
is  satisfied  that  there  exists  a  necessity  that  such  child  should  be 
permitted  to  work  and  that  such  child  is  in  sound  health  he  may 
issue  to  such  child  a  permit  certificate,  permitting  it  to  work  at 
the  occupation  therein  to  be  designated  for  a  period  of  three 
months  from  the  'date  thereof. 

Sec.  8.  Permit  certificate  may  be  renewed. — The  officer 
authorized  to  issue  permits  may  renew  any  labor  permit  at  the 
expiration  thereof  upon  a  satisfactory  showing  upon  the  part  of 
the^child  that  a  necessity  exists  for  a  continuation  of  its  employ- 
ment and  that  such  child  is  in  good  health.  Such  extension  of 
time  shall  be  made  by  writing  upon  the  certificate  the  follow- 
ing words:  "This  certificate  is  extended  for  a  period  of  ninety 
days  from  this  date"  and  by  signing  his  name  thereto. 

Sec.  9.  File  certificate — make  list  of  children — certificate 
prepared  by  whom. — Whenever  any  child  is  employed  at  any 
gainful  occupation  permitted  by  the  laws  of  this  state  the  em- 
ployer of  such  child  shall  take  and  preserve  on  file  the  labor 


160  Revised  School  Laws. 

permit  of  said  child  and  shall  keep  posted  in  a  conspicious  place 
in  the  factory  or  place  where  said  child  works,  a  list  of  all  children 
who  are  laboring  under  and  by  virtue  of  labor  permits.  The 
form  for  all  labor  permits  shall  be  prepared  by  and  shall  contain 
such  information  concerning  the  identity  of  the  child  as  may  be 
prescribed  by  the  state  superintendent  of  public  schools. 

Sec.  10.  Printing  expenses  paid,  how. — No  fee  shall  be 
charged  to  any  child  for  a  labor  permit  issued  under  provisions 
of  this  law.  The  board  of  education  of  each  school  district  shall 
cause  to  be  printed,  at  the  expense  of  such  district,  such  blank 
labor  permits  as  will  be  necessary  to  carry  out  the  provisions  of 
this  act. 

Sec.  11.  Labor  permits  inspected. — All  certificates  of  em- 
ployment shall  be  subject  to  inspection  of  the  state  industrial 
inspector  and  any  industrial  inspector  may  for  cause  cancel  any 
labor  permit. 

Sec.  12.  Labor  permit  not  granted,  when. — Whenever  any 
labor  permit  has  been  denied  any  child  by  any  one  person 
authorized  to  issue  such  permit  no  further  permit  shall  be  granted 
by  any  other  person  authorized  to  issue  permits  for  a  period  of 
thirty  days  from  the  date  of  such  denial. 

Sec.   13.     Presence  of  child  indicates  employment. — The 

presence  of  any  child  under  sixteen  years  of  age  in  any  place 
where  labor  is  employed  shall  be  presumptive  evidence  that  said 
child  is  employed  therein. 

Sec.  14.  Penalty. — Any  person  violating  any  provisions 
of  this  act  shall  be  deemed  guilty  of  a  misdemeanor  and  upon 
conviction  shall  be  punished  by  imprisonment  in  the  county 
jail  not  exceeding  six  months  or  by  fine  of  not  more  than  $500.00. 


IMPORTANT    SECTIONS    OF   THE    LAW   RELATING    TO 

EDUCATION. 

Sec.  3338.  Claims  corruptly  allowed  by  county  courts  and 
other  officers. — Any  member  of  the  county  court,  common  coun- 
cil or  board  of  trustees,  or  officer  or  agent  of  any  county,  city, 
town,  village,  school  township,  school  district  or  other  mu- 
nicipal corporation,  who  shall,  in  his  official  capacity,  willfully  or 
corruptly  vote  for,  assent  to  or  report  in  favor  of,  or  alloW  or 
certify  for  allowance,  any  claim  or  demand,  or  any  part  thereof, 
against  the  county,  city,  town,  village,  school  township,  school 
district  or  other  municipal  corporation,  of  which  he  is  such 
officer  or  agent,  or  against  the  county  court,  common  council  or 
board  of  trustees  of  which  he  is  a  member — such  claim  or 
demand,  or  part  thereof,  being  for  or  on  account  of  any  con- 
tract or  demand  or  service  not  authorized  or  made  as  provided 
or  required  by  law — every  such  person  so  offending  shall,  on 


Revised  School  Laws.  161 

conviction,  be  punished  by  imprisonment  in  the  penitentiary 
not  more  than  five  years,  or  by  a  fine  of  not  less  than  one  hun- 
dred nor  more  than  five  thousand  dollars,  or  by  imprisonment  in 
the  county  jail  not  less  than  two  nor  more  than  twelve  months, 
or  by  both  such  fine  and  imprisonment.  (R.  S.  1919,  §  3338.) 

Sec.  3402.  Injury  of  schoolhouses  and  church  buildings. 
Every  person  who  shall  injure,  deface  or  destroy  any  building 
used  as  a  schoolhouse,  or  any  church  building  or  other  building 
used  for  such  purposes  or  for  other  religious  or  educational  pur- 
pose, or  any  furniture,  fixtures  or  apparatus  thereto  belonging, 
or  who  shall  deface,  mar  or  disfigure  any  such  building,  or  any 
part  thereof,  or  the  fixtures  therein,  by  writing,  painting,  cutting 
or  pasting  thereon  any  likeness,  figures,  words  or  device,  or  who 
shall  commit  any  trespass  upon  the  land  connected  with  said 
schoolhouse  and  used  for  school  or  educational  purposes,  by 
removing  therefrom  the  water,  contained  in  any  well,  cistern  or 
reservoir,  in  which  water  is  gathered  or  kept  for  the  supply  of 
said  schoolhouse  or  those  attending  the  same,  and  without  the 
permission,  in  writing,  of  the  person  or  persons  having  the  legal 
control  of  said  schoolhouse  and  land,  or  who  shall  in  any  manner 
pollute  the  water  contained  in  any  well,  cistern  or  reservoir, 
shall  be  deemed  guilty  of  a  misdemeanor.  (R.  S.  1919,  §  3402.) 

Sec.  3498.  Disturbing  religious  assemblies. — Every  per- 
son who  shall  wilfully,  maliciously  or  contemptuously  disquiet  or 
disturb  any  camp  meeting,  congregation  or  other  assembly  met 
for  religious  worship,  or  when  meeting  at  the  place  of  worship, 
or  dispersing  therefrom,  or  any  school  or  other  meeting  or  as- 
sembly of  people  met  together  for  any  lawful  purpose  whatever 
by  making  a  noise,  or  by  rude  or  indecent  behavior  or  profane 
discourse  within  the  place  of  assembly,  or  so  near  the  same  as  to 
interrupt  or  disturb  the  order  or  solemnity  thereof,  or  who  shall 
willfully  menace,  threaten  or  assault  any  person  there  being, 
shall  be  deemed  guilty  of  a  misdemeanor.  '(R.  S.  1919,  §  3498.) 

Sec.  3520.  Sale  and  gift  of  cigarettes  and  cigarette  paper 
forbidden — penalty. — Any  person  who  shall,  by  himself,  his 
servants  or  agents,  or  as  the  servant  or  agent  of  any  other 
person,  directly  or  indirectly,  or  upon  any  pretense,  or  by  any 
devise  sell,  give  away  or  otherwise  dispose  of,  to  any  person 
under  the  age  of  eighteen  years,  any  cigarette,  cigarette  paper 
or  cigarette  wrappers,  or  any  substitute  therefor,  or  for  the  pur- 
pose of  being  filled  with  tobacco  for  smoking,  shall  be  adjudged 
guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,  be 
punished  by  a  fine  of  not  less  than  ten  dollars  nor  more  than  one 
hundred  dollars  for  the  first  offense,  and  by  a  fine  of  not  less  than 
fifty  dollars,  nor  more  than  five  hundred  dollars  for  the  second 
offense.  (R.  S.  1919,  §  3520.) 

Sec.  3521.  Use  of  cigarettes  by  minors  in  public  places 
forbidden — penalty. — Every  person,  over  the  age  of  ten  years 

6 


162  Revised  School  Laws. 

and  under  the  age  of  eighteen  years,  who  shall  smoke  or  use 
cigarettes  on  any  public  road,  street,  alley,  park,  or  other  lands 
used  for  public  purposes,  or  in  any  public  place  of  business  or 
amusement,  or  upon  any  railroad  train  or  street  car,  shall,  upon 
conviction,  be  adjudged  guilty  of  a  misdemeanor  and  punished 
by  a  fine  of  not  more  than  ten  dollars.  (R.  S.  1919,  §  3521.) 


ARTICLE  IV. 

FUNDING   BONDS    OF    COUNTIES,    CITIES,   TOWNSHIPS,   SCHOOL   DIS- 
TRICTS,  ETC. 


Sec.  I  Sec. 


1042.  Bonded  debt  of  counties,   cities,   etc., 
may  be  funded — question  to  be  sub- 
mitted. 

1043.  Form  of  ballot. 

1044.  Duty  of  county  court. 

1045.  Levy  of  tax. 

1046.  Treasurer  may  purchase,  when. 


1047.  Bonds — purchases — to  be  canceled,  etc. 

1048.  Sinking  fund,  how  invested. 

1049.  State  and  other  bonds  may  be  sold. 

1050.  Liability  of  treasurers. 

1051.  Funds  exempt  from  execution. 

1052.  Treasurer's  commission. 


Sec.  1042.  Bonded  debt  of  counties,  cities,  etc.,  may  be 
funded — question  to  be  submitted. — The  various  counties  in 
this  state  for  themselves,  as  well  as  in  behalf  of  any  township  or 
parts  of  townships  for  which  said  counties  may  have  heretofore 
issued  any  bonds,  and  the  several  cities,  villages,  incorporated 
towns  and  school  districts  are  hereby  authorized  by  their  respec- 
tive county  courts,  and  said  cities,  villages  and  incorporated 
towns  by.  their  proper  authorities,  and  the  said  school  districts 
by  their  respective  school  boards,  to  fund  any  part  or  all  of  their 
bonded  or  judgment  indebtedness,  including  bonds,  coupons  or 
any  judgment,  whether  based  on  bonded  or  other  indebtedness, 
at  a  lower  rate  of  interest,  and  for  that  purpose  may  make,  issue, 
negotiate  sell,  and  deliver  renewal  or  funding  bonds  and  with 
the  proceeds  thereof  pay  off,  redeem  and  cancel  such  judgments 
or  old  bonds  as  the  same  are  called  for  redemption:  Provided, 
that  said  funding  bonds  shall  not  be  sold  for  less  than  par  value 
thereof,  and  that  in  no  case  shall  the  amount  of  the  debt  of  any 
such  county,  township,  or  parts  of  townships,  city,  village,  in- 
corporated town  or  school  district,  nor  the  rate  of  interest  on 
such  debt,  be  increased  or  enlarged  under  the  provisions  of  this 
chapter;  and  provided,  also,  that  no  funding  bonds  issued  under 
this  chapter  shall  be  payable  in  less  than  five  nor  more  than 
thirty  years  from  date  thereof,  and  that  such  funding  bonds 
shall  be  of  the  denomination  of  not  more  than  one  thous  and 
dollars  nor  less  than  one  hundred  dollars,  and  shall  bear  interest 
not  to  exceed  five  per  cent,  per  annum,  payable  annually  or 
semi-annually,  and  to  this  end  each  bond  shall  have  annexed 
interest  Coupons,  and  the  funding  bonds  and  coupons  shall  be 
made  payable  to  bearer:  Provided  further,  that  nothing  in 
sections  1042  to  1044,  inclusive,  shall  be  so  construed  as  pro- 
hibiting any  county,  city,  township  or  school  district,  that  now 


Revised  School  Laws.  163 

has  or  may  hereafter  have  a  bonded  or  judgment  debt  (except 
as  hereinafter  provided)  from  funding  or  refunding  such  debt 
without  the  submission  of  the  question  to  a  popular  vote  when 
ever  such  funding  or  refunding  can  be  done  at  a  lower  rate  of 
interest  than  the  debts  so  funded  or  refunded  bore:  Provided 
however,  that  no  indebtedness,  judgment  or  claim  founded  on 
bonds  or  coupons  issued  in  the  aid  of  or  in  payment  for  the 
capital  stock  of  any  railroad  company  shall  be  funded,  nor  shall 
any  bonds  be  issued  in  lieu  thereof  or  in  compromise  there  for 
until  authorized  by  a  majority  of  the  qualified  voters  of  such 
county,  city,  township  or  parts  of  townships  voting  at  an  election 
held  for  that  purpose  pursuant  to  an  order  entered  of  record  by 
the  county  court  of  such  county  or  council  or  aldermen  of  such 
city  on  petition  of  at  least  fifty  of  the  resident  taxpayers  of  such 
county,  city  or  township,  after  public  notice  by  advertisement 
in  some  weekly  newspaper  printed  and  published  in  such  county 
or  city,  if  there  be  such  paper,  and  if  not,  then  in  such  paper 
nearest  to  such  county  or  city  setting  forth  the  object  of  the 
election,  for  four  weeks,  and  in  addition  setting  forth  the  object 
of  the  election,  for  four  weeks,  and  in  addition  posting  up  ten 
written  or  printed  hand  bills  in  public  places  in  such  county  or 
city,  before  the  time  for  such  proposition  to  fund  its  said  in- 
debtedness shall  be  voted  on,  wrhich  said  notice  shall  contain 
the  object  and  general  nature  of  the  proposition  to  fund  said 
indebtedness.  The  election  herein  provided  for  shall  be  held 
in  conformity  with  the  statutes  of  the  state  covering  state, 
county  or  municipal  elections.  And  when  such  indebtedness 
has  been  once  compromised  and  funded,  the  funding  bonds 
issued  in  lieu  thereof  may  again  be  refunded  according  to  the 
other  provisions  of  this  article  without  such  election.  (R.  S. 
1919,  §  1042.) 

This  section  is  not  unconstitutional  because  it  provides  for  the  issue  of  bonds 
payable  more  than  twenty  years  after  the  original  debt  was  created.  State  to 
use  v.  Walker,  193  Mo.  693,  92  S.  W.  69;  State  ex  rel.  v.  County  Court,  128  Mo. 
427,  30  S.  W.  103,  31  S.  W.  23. 

23  Mo.  483;  33  Mo.  440;  36  Mo.  294;  38  Mo.  450;  41  Mo.  453;  44  Mo.  197; 
504;  45  Mo.  458;  47  Mo.  349;  48  Mo.  167,  360;  50  Mo.  338,  600;  51  Mo.  479,  522; 
54  Mo.  58;  56  Mo.  126;  62  Mo.  188;  67  Mo.  353,  445;  69  Mo.  150,  224;  72  Mo.  329, 
496;  85  Mo.  41;  86  Mo.  551;  92  Mo.  511;  93  Mo.  606;  96  Mo.  29;  101  Mo.  136; 
106  Mo.  659;  109  Mo.  248;  112  Mo.  126;  113  Mo.  297;  116  Mo.  129;  120  Mo.  577; 
121  Mo.  614;  123  Mo.  72;  128  Mo.  427;  45  A.  660;  69  A.  660.  Where  vote  held 
necessary.  42  Mo.  171;  45  Mo.  242;  48  Mo.  167;  390;  51  Mo.  350;  67  Mo.  445; 
Irregularities.  33  Mo.  440;  36  Mo.  294;  47  Mo.  349;  48  Mo.  390,  167;  45  A.  660. 
When  void.  48  Mo.  167;  56  Mo.  126;  66  Mo.  498;  67  Mo.  345,  445.  Conflict 
federal  and  state  courts.  72  Mo.  499;  75  Mo.  246;  77  Mo.  573;  106  Mo.  659, 
A  bona  fide  holder  for  value  has  right  to  presume  the  issue  regular.  51  Mo.  483; 
54  Mo.  58;  7  A.  294.  Tender.  107  Mo.  50.  Dealing  with  agent,  etc.  143  Mo.  13. 

This  section  vests  the  board  of  directors  with  authority  to  refund  the  bonded 
indebtedness  of  the  district  at  a  less  rate  of  interest  at  any  time  after  it,  by  the 
terms  of  the  bonds,  becomes  payable  at  the  option  of  the  board,  and  before  final 
maturitv  thereof. 

Sec.  1043.  Form  of  ballot. — When  the  proposition  to  fund 
any  part  or  all  of  the  bonded  indebtedness  of  any  county,  city, 


164  Revised  School  Laws. 

township  or  parts  of  townships  shall  require  the  assent  of  the 
voters  thereto  and  said  proposition  shall  be  submitted  to  the 
qualified  voters  of  such  county,  city,  township  or  parts  of  town- 
ships, those  who  favor  the  proposition  to  fund  such  indebtedness 
may  at  any  election  held  aforesaid  deposit  a  written  or  printed 
ballot  in  this  form:  "To  fund  bonded  indebtedness — Yes;" 
and  those  of  the  qualified  voters  at  such  election  who  oppose 
the  proposition  to  fund  such  indebtedness  may  deposit  a  written 
or  printed  ballot  in  this  form:  "To  fund  bonded  indebtedness — 
No;"  and  the  votes  on  such  proposition  shall  be  taken  and  the 
returns  thereof  made  and  canvassed  in  all  respects  as  is  or  may 
be  provided  by  law  for  the  election  and  return  of  state,  county, 
city  or  township  officers.  (R.  S.  1919,  §  1043.) 

Sec.  1044.  Duty  of  county  court. — If  at  the  election  afore- 
said a  majority  of  the  qualified  voters  of  such  county,  city, 
township  or  parts  of  townships  voting  at  such  election  shall  vote 
in  favor  of  funding  any  part  or  all  of  such  indebtedness,  then 
the  county  court  of  such  county,  or  the  authorities  of  such  city, 
township  or  townships,  shall  be  fully  authorized  and  empowered 
to  proceed  at  once  to  fund  any  part  or  all  of  its  indebtedness  in 
conformity  with  the  provisions  of  this  chapter,  and  for  that 
purpose  may  employ  a  financial  agent  to  assist  them.  (R.  S. 
1919,  §  1044.) 

Sec.  1045.  Levy  of  tax. — Any  county,  city,  village,  town, 
township,  parts  of  townships  or  school  district,  issuing  its  bonds 
for  the  purpose  aforesaid,  shall,  at  the  time  of  issuing  the  same, 
provide  in  the  express  manner  provided  by  law  for  the  levy  and 
collection  of  an  annual  tax  sufficient  to  pay  the  annual  interest 
on  such  funding  bonds  as  it  falls  due,  and  a  sufficient  sinking 
fund  for  the  payment  of  the  principal  of  such  bonds  when  they 
become  due.  (R.  S.  1919,  §  1045.) 

Sec.  1046.  Treasurer  may  purchase,  when. — Whenever 
there  may  be  in  the  hands  of  the  county  treasurer,  or  the  treasurer 
of  any  city,  town,  village,  township,  or  school  district,  a  sum 
arising  out  of  the  proceeds  of  the  tax  aforesaid,  sufficient  to  pur- 
chase one  or  more  of  any  of  the  classes  of  bonds  hereinbefore 
mentioned,  the  county  court  or  the  municipal  authorities  of  the 
city,  town,  village,  township,  or  the  school  board  of  said  school 
district,  shall  order  the  treasurer  to  purchase  such  kind  of  bond 
or  bonds  as  they  may  designate.  (R.  S.  1919,  §  1046.) 

Sec.    1047.     Bonds   purchased   to   be    canceled,    etc. — All 

bonds  and  their  coupons  so  purchased  shall  have  indorsed  thereon 
the  date  of  such  purchase  and  the  word  canceled  in  red  ink,  and 
shall  have  not  less  than  six  holes  punched  in  each,  and  a  record 
of  such  purchase  and  cancellation,  with  the  date  thereof,  shall 
be  made  by  the  clerk  of  such  county,  city,  town,  village,  town- 
ship or  school  district,  or,  when  there  may  be  no  clerk  of  any 
village  or  township,  then  by  the  clerk  of  the  county  court  of 


Revised  School  Laws.  165 

said  county,  who  shall  make  a  like  record  of  the  date,  number 
and  amount  of  each  of  such  bonds.  And  when  all  of  any  series 
of  such  bonds  shall  have  been  so  purchased,  canceled  and  de- 
posited, then  the  same  shall  be  publicly  burned  and  destroyed 
in  the  presence  of  the  county  court,  clerk,  sheriff  and  at  least 
three  citizens  of  the  county,  city,  town,  village,  township  or 
school  district  whose  bonds  are  to  be  destroyed,  and  all  such 
other  persons  that  may  desire  to  be  present.  (R.  S.  1919,  § 
1047.) 

Sec.  1048.  Sinking  fund,  how  invested. — Whenever  the 
county  court,  municipal  authorities  or  board  of  directors  of  a 
school  district  shall  decide  that  it  would  be  more  for  the  interest 
of  the  county,  city,  town,  village,  township  or  school  district 
to  invest  the  sinking  fund  aforesaid  in  state  or  United  States 
bonds  as  aforesaid,  instead  of  county,  city,  town,  village,  town- 
ship or  school  district  bonds,  it  shall  order  the  treasurer  to  pur- 
chase such  bonds  as  it  may  designate,  who  shall  thereupon  pur- 
chase as  soon  as  possible,  as  many  of  such  bonds  as  the  fund  in 
his  hands  will  permit,  at  the  lowest  and  best  rates  obtainable, 
and  not  exceeding  the  limits  to  be  fixed  by  such  county  court, 
municipal  authorities  or  board  of  directors;  and  all  such  bonds, 
when  purchased,  shall  be  deposited  with  the  treasurer  of  the 
county,  city,  town,  village,  township  or  school  district,  or,  when 
there  is  no  treasurer  of  any  such  village  or  township,  then  with 
the  treasurer  of  the  county,  to  be  kept  until  ordered  to  be  dis- 
posed of  as  hereinafter  provided.  (R.  S.  1919,  §  1048.) 

Sec.  1049.  State  and  other  bonds  may  be  sold. — Whenever 
the  county  court  or  municipal  authorities  of  any  county,  city, 
town,  village,  or  township,  or  the  directors  of  any  school  dis- 
trict, shall  deem  it  to  the  best  interests  of  such  county,  city, 
village,  township  or  school  district  to  sell  the  United  States, 
state,  county,  township,  city,  village  or  school  district  bonds 
which  they  may  hold,  and  to  invest  the  proceeds  in  other  bonds, 
they  shall  order  the  treasurer  to  make  the  sale  and  purchase, 
limiting  him  as  to  the  prices  of  both  sale  and  purchase,  and  the 
treasurer  shall  thereupon  make  such  sale  and  purchase  agree- 
ably to  the  terms  and  limitations  of  such  order.  (R.  S.  1919,  § 
1049.) 

One  who  deals  with  a  county  treasurer  in  regard  to  refunding  bonds  is  charge- 
able with  notice  of  such  limitations  on  his  authority  as  the  statute  imposes,  but 
should  not  be  charged  with  notice  of  details  which  the  law  leaves  to  the  discretion 
of  the  court.  Butler  County  v.  Bank,  143  Mo.  13,  44  S.  W.  1047. 

Sec.  1050.  Liability  of  treasurer. — County,  city,  town, 
village,  township  or  school  district  treasurers  and  their  sureties, 
shall  be  responsible  for  the  custody,  safekeeping  and  trans- 
portation of  all  moneys  and  bonds  coming  into  their  hands,  or 
under  their  management  or  control,  under  the  provisions  of 
this  article:  Provided,  that  if  any  county  court,  or  the  munic- 
ipal authorities  of  any  city,  town  or  village,  or  the  directors  of 


166  Revised  School  Laws. 

any  school  district,  shall  determine  to  levy  and  collect  such  tax 
before  the  expiration  of  the  term  of  office  of  their  present  treasurer 
they  shall,  at  the  time  of  making  such  levy,  which  levy  shall  be 
made  in  the  express  manner  provided  by  law,  also  order  such 
treasurer  to  give  an  additional  bond,  with  approved  security, 
in  a  sum  not  less  than  the  amount  proposed  to  be  levied  and 
collected,  conditioned  that  he  will  safely  keep,  account  for  and 
turn  over  to  his  successor  in  office,  all  money  and  bonds  by  him 
received  under  the  provisions  of  this  article;  and  upon  his  failure 
to  give  such  additional  bond  within  thirty  days,  his  office  shall 
be  vacant.  (R.  S.  1919,  §  1050.) 

Sec.  1051.  Funds  exempt  from  execution. — No  money  col- 
lected nor  bonds  purchased  under  the  provisions  of  this  article 
shall  be  subject  to  execution,  nor  liable  to  be  levied  upon,  taken, 
sequestered  or  applied  toward  paying  the  debts  of  such  county, 
city,  town,  village,  township  or  school  district,  nor  for  any  other 
purpose  than  as  is  provided  for  in  this  article,  and  the  same  shall 
be  held  and  deemed  an  inviolable  sinking  fund  for  the  purpose 
of  extinguishing  such  county,  city,  town,  village,  township  or 
school  district  indebtedness,  and  for  no  other  purpose:  Pro- 
vided, that  any  state  or  United  States  bonds  or  money  that  may 
be  left  over  after  the  extinction  of  all  such  county,  city,  town, 
village,  township  or  school  district  indebtedness  shall  be  paid 
into  the  general  revenue  fund  of  such  county,  city,  town,  village, 
township  or  school  district.  (R.  S.  1919,  §  1051.) 

Sec.  1052.  Treasurer's  commission. — The  county  court  or 
the  municipal  authorities  of  any  city,  town  or  village  or  the  school 
directors  of  any  school  district,  may  allow  the  treasurer  all  sums 
necessarily  paid  by  him  for  brokerage  in  the  purchase  or  ex- 
change of  bonds,  as  hereinbefore  provided  for,  not  exceeding  one 
per  cent  upon  the  amount  of  money  actually  paid  out  by  him 
in  the  purchase  of  bonds.  (R.  S.  1919,  §  1052.) 


ARTICLE   VI. 

REGISTRATION    OF    BONDS. 


Sec. 

1062.  Registration  of  bonds. 

1063.  Auditor  shall  register  bonds,  when. 

1064.  Compensation  of  auditor. 

1065.  Auditor  to   certify,   annually,   amount 
required  to  pay  interest,  costs,  etc. 

1066.  May  levy  larger  tax — must  certify  to 
auditor  bonds  redeemed. 


Sec. 

1067.  Not  applicable  to  certain  counties  and 
cities. 

1068.  Bonds  ^to     be    registered — valid — de- 


1069.   Registered  bonds  lawful  security. 


Sec.  1062.  Registration  of  bonds. — It  shall  be  the  duty  of 
the  clerk,  secretary,  auditor,  or  comptroller  of  any  county,  city, 
village,  or  school  district,  on  the  first  day  of  July,  A.  D.,  1897, 
to  furnish  the  state  auditor  a  statement  verified  by  his  oath,  of 
all  the  bonds  and  coupons  of  such  county,  city,  town,  village,  or 


Revised  School  Laws.  167 

school  district  theretofore  registered  by  the  state  auditor  and 
then  outstanding  with  all  the  details  as  to  the  date  of  issue  and 
maturity,  rate  of  interest,  place  of  redemption,  and  purpose  for 
which  issued  and  the  said  officer  shall,  annually  thereafter,  on 
or  about  the  first  day  of  January,  make  a  statement  of  the  bonds 
and  coupons  retired  by  his  county,  city,  town,  village  or  school 
district  since  the  last  report.  The  state  auditor  shall  make 
entry  of  the  bonds  so  reported  as  retired,  and  where  bonds 
registered  by  the  state  auditor  have  been  or  shall  be  issued  sub- 
ject to  call  before  maturity,  and  where  such  call  shall  be  made, 
it  shall  be  the  duty  of  the  clerk,  secretary,  auditor,  or  comptroller, 
thirty  days  before  the  same  are  payable,  to  notify  the  state 
auditor  of  the  intention  of  such  county,  city,  town,  village  or 
school  district  to  pay  off  such  bonds  called  and  such  other  de- 
scription as  to  fully  identify  the  same.  And  any  such  clerk, 
secretary,  auditor,  or  comptroller  of  any  such  county,  city,  town, 
village  or  school  district  who  shall  fail  to  make  any  statement 
required  by  this  section,  shall  be  guilty  of  a  misdemeanor,  and 
shall,  on  conviction  thereof,  be  punished  by  a  fine  of  not  less 
than  ten  or  more  than  one  hundred  dollars.  (R.  S.  1919,  §  1062.) 

Sec.  1063.  Auditor  shall  register  bonds,  when. — Before  any 
bond  hereafter  issued  for  any  purpose  whatever  by  any  county, 
city,  village,  school  district,  township,  special  or  common  road 
district,  or  by  any  levee  or  drainage  district  organized  and 
incorporated  under  the  laws  of  this  state,  shall  obtain  validity 
or  be  negotiated,  such  bond  shall  be  presented  to  the  state 
auditor,  who  shall,  if  in  the  issuance  thereof  all  of  the  conditions 
of  the  law  have  been  complied  with  register  the  same  in  a  book 
or  books,  to  be  provided  for  that  purpose,  and  the  auditor  shall 
certify,  by  endorsement,  on  such  bond,  that  all  the  conditions 
of  the  law  have  been  complied  with  in  its  issuance,  if  such  be 
the  case,  and  that  the  evidence  of  that  fact  has  been  filed  and 
preserved  by  him.  But  such  certificate  shall  be  prima  facie 
evidence  only  of  the  facts  therein  stated,  and  shall  not  preclude 
nor  prohibit  any  person  from  showing  or  proving  the  contrary 
in  any  suit  or  proceeding  to  test  or  determine  the  validity  of 
such  bond,  or  the  power  of  the  county  court,  city  council,  board 
of  aldermen,  board  of  trustees,  school  board,  board  of  super- 
visors of  any  drainage  or  levee  district,  the  board  of  commis- 
sioners of  any  special  road  districts,  or  other  authority,  to  issue 
such  bond;  and  the  remedy  by  injunction  shall  also  lie  at  the 
instance  of  any  taxpayer  or  the  respective  city,  town,  village, 
school  district,  township,  special  or  common  road  district,  levee 
or  drainage  district,  to  prevent  the  registration  of  any  bonds 
alleged  to  be  illegally  issued  or  funded  under  any  of  the  pro- 
visions of  this  article.  (R.  S.  1919,  §  1063.) 

Sec.  1064.  Compensation  of  auditor. — The  state  auditor 
shall  be  paid  for  registering  bonds,  as  required  by  the  preceding 
section,  the  sum  of  ten  cents  for  each  one  hundred  dollars  of  the 


168  Revised  School  Laws. 

face  value  of  the  bonds  registered;  provided,  that  the  fee  for 
registering  any  issue  of  bonds  shall  in  no  case  be  less  than  twenty- 
five  cents.  (R.  S.  1919,  §  1064.) 

Sec.  1065.  Auditor  to  certify,  annually,  amount  required 
to  pay  interest,  costs,  etc. — The  state  auditor  shall,  annually, 
on  or  about  the  first  day  of  July,  certify  to  the  several  county 
courts,  city  councils,  boards  of  aldermen,  boards  of  trustees, 
school  boards,  boards  of  supervisors  or  boards  of  commissioners, 
the  amount  required  during  the  next  fiscal  year  to  pay  maturing 
interest  coupons,  together  with  ordinary  costs  to  the  state  of 
collection  and  disbursement  of  the  same,  which  amount  shall 
thereupon  be  levied  as  a  special  tax  upon  all  property  in  such 
county,  city,  village,  townhip,  school  district,  special  or  common 
road  district,  drainage  district,  or  levee  district,  and  shall  be 
collected  with  the  state  revenue  and  paid  over  to  the  treasurer 
of  the  county,  city,  village,  township,  school  district,  drainage 
district  or  levee  district,  special  or  common  road  district,  having 
issued  such  outstanding  registered  bonds,  which  shall  be  deposited 
by  such  treasurer  to  the  credit  of  his  respective  county,  city, 
village,  township,  school  district,  drainage  district,  special  or 
common  road  district,  or  levee  district,  in  the  bank  or  banks  at 
which  the  same  are  made  payable;  Provided,  that  this  special 
tax  may  be  paid  in  coupons,  registered  under  this  article,  overdue 
or  maturing  during  the  current  fiscal  year.  (R.  S.  1919,  §  1065.) 

Sec.  1066.  May  levy  larger  tax — must  certify  to  auditor 
bonds  redeemed. — Nothing  herein  contained  shall  prevent  any 
county  court,  city  council,  board  of  aldermen,  board  of  trustees, 
of  any  incorporated  village,  board  of  directors  of  any  school 
district,  board  of  superviors  of  any  drainage  or  levee  district,  or 
board  of  commissioners  of  any  special  road  district,  or  other 
authority,  from  leVying  a  larger  tax  for  the  payment  of  matur- 
ing bonds,  or  from  applying  other  means  to  such  purpose.  It 
shall  be  the  duty  of  the  treasurer  of  such  county,  city,  village, 
township,  school  district,  drainage  district  or  levee  district, 
special  or  common  road  district,  to  certify,  at  least  once  in  every 
fiscal  year,  to  the  state  auditor  the  several  amounts  and  numbers 
of  bonds  and  coupons  by  him  or  through  him  redeemed,  of  his 
respective  county,  city,  village,  township,  school  district,  drain- 
age district,  levee  district,  common  or  special  road  district,  as 
the  case  may  be,  and  he  shall  return  such  bonds  and  coupons, 
properly  canceled,  to  prevent  their  re-issue,  to  the  maker  thereof, 
and  the  state  shall  not  be  deemed  in  any  manner  liable  on  account 
of  any  such  bonds  or  coupons.  (R.  S.  1919,  §  1066.) 

Sec.  1067.  Not  applicable  to  certain  counties  and  cities.— 
Nothing  in  the  provisions  of  this  article  shall  be  so  construed  as  to 
include  any  bonds  that  have  been  or  may  be  issued  by  any  county 
or  city  having  a  population  of  over  three  hundred  thousand  in- 
habitants as  established  by  the  last  United  States  census,  (R. 
S.  1919,  §  1067.) 


Revised  School  Laws.  169 

Auditor  has  ho  judicial  functions  to  perform;  it  is  his  duty  to  determine 
whether  the  bonds  are  entitled  to  registration  by  him.  State  ex  rel.  City  of  Dexter 
v.  Gordon,  251  Mo.  303,  158  S.  W.  583. 

State  auditor  should  be  furnished  evidence  showing  that  all  the  conditions 
of  the  law  have  been  complied  with.  State  ex  rel.  Pike  Co.  v.  Gordon,  268  Mo.  321, 
188  S.  W.  88. 

State  Auditor  cannot  be  compelled  to  register  bonds  if  they,  with  existing 
debt,  aggregate  an  amount  in  excess  of  the  limit  of  indebtedness  permitted  by  the 
Constitution.  State  ex  rel.  v.  Wilder,  197  Mo.  1.  This  section  applies  to  bonds 
issued  under  what  is  commonly  known  as  the  "township  aid  act."  Unless  the 
bonds  are  duly  endorsed  by  the  state  auditor,  a  holder  cannot  maintain  action 
thereon.  Anthony  v.  County,  101  U.  S.  693.  The  statute  does  not  call  for  ju- 
dicial functions  on  the  part  of  the  state  auditor.  He  is  an  executive  officer,  but 
every  executive  officer,  when  called  on  to  act  officially,  must  inquire  into  and  de- 
termine whether  on  the  facts  the  law  requires  him  to  do  one  thing  or  another.  Hoff 
v.  County,  110  U.  S.  53. 

Sec.  1068.     Bonds    to   be    registered — valid — defenses. — 

Before  any  bond,  hereafter  issued  by  any  county,  township,  city, 
town,  village  or  school  district  or  special  road  district  or  by  virtue 
of  the  provisions  of  articles  1,  2,  3,  4,  5,  8,  9,  and  10  of  chapter  28, 
Revised  Statutes  of  Missouri  for  1919,  for  any  purpose  whatever, 
shall  obtain  validity  or  be  negotiated,  such  bonds  shall  first  be 
presented  to  the  state  auditor,  who  shall  register  the  same  in  a 
book  or  books,  provided  for  that  purpose,  in  'the  same  manner  as 
state  bonds  are  now  registered,  and  who  shall  certify  by  endorse- 
ment of  such  bond  that  all  conditions  of  the  laws  have  been  com- 
plied with  in  its  issue,  if  that  be  the  case,  and  also  that  the  condi- 
tions of  the  contract,  under  which  they  were  ordered  to  be  issued, 
have  also  been  complied  with  and  the  evidence  of  that  fact  shall 
be  filed  and  preserved  by  the  auditor.  Such  bonds  after  receiv- 
ing the  said  certificate  of  the  auditor  as  herein  provided,  shall 
thereafter  be  held,  in  every  action,  suit  or  proceeding  in  which 
their  validity  is,  or  may  be,  brought  into  question,  prima  focie, 
valid  and  binding  obligations  and  in  every  action  brought  to 
enforce  collection  of  such  bonds,  the  certificate  of  such  auditor, 
or  a  duly  certified  copy  thereof,  shall  be  admitted  and  received 
in  evidence  of  the  validity  of  such  bonds,  together  with  the  cou- 
pons thereto  attached.  Provided,  the  only  defense  which  can  be 
offered  against  the  validity  of  such  bonds  shall  be  for  forgery  or 
fraud.  But  this  section  shall  not  be  construed  to  give  validity 
to  any  such  bonds  as  may  be  issued  in  excess  of  the  limit  fixed 
by  the  Constitution,  or  contrary  to  its  provisions,  but  all  such 
bonds  shall,  to  the  extent  of  such  excess,  be  held  void;  and  pro- 
vided further,  that  the  remedy  of  injunction  shall  also  lie  at  the 
instance  of  any  taxpayer  of  the  respective  city,  town,  village, 
township  or  school  district  to  prevent  the  registration  of  any 
bonds,  alleged  to  be  illegally  issued  or  funded  under  any  of  the 
provisions  of  this  article.  (R.  S.  1919,  §  1068.) 

Sec.  1069.  Registered  bonds  lawful  security. — Any  and 
all  bonds  registered  by  the  state  auditor  under  the  pro- 
visions of  the  laws  of  this  state,  whereon  there  is  no  default 
in  payment  of  principal  or  interest,  may  be  accepted  as  good  and 


170  Revised  School  Laws. 

lawful  security  for  the  investment  of  the  capital  stock,  surplus 
and  reserve  funds  of  any  insurance  or  fraternal  benefit  society 
incorporated  in  or  authorized  to  transact  business  in  this  state. 
The  state  superintendent  of  insurance  is  hereby  authorized  to 
accept  such  bonds  as  security  or  pledge  in  all  cases  where  such 
pledge  or  security  is  required  by  the  laws  of  this  state.  Such 
bonds  may  be  accepted  by  the  state  treasurer  as  security  for  the 
deposit  of  any  and  all  state  funds,  and  by  county  and  city  treas- 
urers as  security  for  the  deposit  of  any  and  all  county  and  city 
funds.  They  shall  also  be  eligible  for  the  investment  of  any  funds 
in  the  possession  of  any  administrator,  executor,  guardian, 
curator,  trustee  and  all  other  persons  sustaining  fiduciary  rela- 
tions. Such  investments  may  be  made  without  an  order  of 
court  first  had  and  obtained,  and  without  incurring  liability  for 
loss,  except  in  case  of  inexcusable  negligence.  (R.  S.  1919, 
§  1069.) 

Sec.  1040.  Contractors  for  public  work  required  to  give 
bond. — It  is  hereby  made  the  duty  of  all  officials,  boards,  commis- 
sions or  agents  of  the  state,  or  of  any  county,  city,  town,  town- 
ship, school  or  road  district  in  this  state,  in  making  contracts  for 
public  work  of  any  kind  to  be  performed  for  the  state,  county, 
town,  township,  school  or  road  district,  to  require  every  con- 
tractor for  such  work  to  execute  a  bond  to  the  state,  county,  city, 
town,  township,  school  or  road  district,  as  the  case  may  be,  with 
good  and  sufficient  sureties,  and  in  an  amount  to  be  fixed  by  said 
officials,  boards,  commissions,  commissioners  or  agents,  and  such 
bond,  among  other  conditions,  shall  be  conditioned  for  the  pay- 
ment of  material  used  in  such  work  and  for  all  labor  performed 
in  such  work,  whether  by  subcontractor  or  otherwise.  (R.  S. 
1919,  §  1040.) 

City  ordinance  cannot  require  enlargement  of  bond  under  sections  1040-41. 

City  of  St.  Louis,  to  use  of  Const.  &  Supply  Co.  v.  Hill-O'Meara  Const., 
175  Mo.  A.  555,  158  S.  W.  98;  Fellows  v.  Kreutz,  189  Mo.  A.  547,  176  S.  W.  1080. 
A  bond  given  by  a  'building  contractor,  binding  him  to  deliver  work  according  to 
contract,  shows  on  its  face  it  was  made  for  the  benefit  of  the  materialman  and 
laborers  as  well  as  for  the  state.  LaCrosse  Lumber  Co.  v.  Schwartz,  163  Mo.  A. 
659,  147  S.  W.  501.  Trustees  were  individually  liable  for  failure  to  take  statutory 
bond.  C.  A.  Burton  Machinery  Co.  v.  Ruth,  196  Mo.  A.  459,  194  S.  W,  526. 
If  contractor  pay  subcontractor  for  material  furnished  he  is  not  liable  on  his  bond 
for  claim  of  party  who  sold  material  to  subcontractor.  Berger,  etc.  v.  Lloyd,  209 
Mo.  681,  108  S.  W.  52. 

Sec.  11416.  School  loan — method  of  voting. — For  the  pur- 
pose of  purchasing  sites  for  schoolhouses  or  public  library  build- 
ings containing  offices  of  the  board  in  such  city  school  districts, 
or  additional  ground  attached  to  sites  already  owned,  and  of 
erecting  schoolhouses,  library  buildings  containing  offices  of  the 
board,  and  building  additions  to,  remodeling  and  reconstructing 
buildings  existing  at  the  time  of  making  the  loan,  and  furnishing 
same,  the  board  of  directors  shall  be  authorized  to  borrow  money 
and  issue  bonds  for  the  payment  thereof  in  the  manner  herein 
provided.  The  question  of  loan  shall  be  decided  at  the  biennial 


Revised  School  Laws.  171 

election  for  school  directors  or  at  a  special  election  ordered  by 
the  board  of  directors  of  such  district,  and  held  at  such  time  and 
places  as  the  board  of  directors  shall  designate.  Notice  of  said 
election,  the  amount  of  the  loan  required,  and  for  what  purpose, 
shall  be  given  at  least  twenty  days  before  the  same  shall  be  held, 
by  publication  in  at  least  two  newspapers  printed  and  published 
in  the  district  where  the  election  shall  be  held,  not  less  than  six 
days  in  each  week.  It  shall  be  the  duty  of  the  president  and 
secretary  to  sign  said  notices.  The  qualified  voters  at  said 
election  shall  vote  by  ballot.  Those  voting  in  favor  of  the  loan 
shall  have  written  or  printed  on  their  ballots,  "for  the  loan;" 
those  voting  against  the  loan,  the  words  "against  the  loan;" 
and  if  two-thirds  of  the  votes  cast  shall  be  "for  the  loan,"  the 
board  shall,  subject  to  the  restrictions  of  the  following  section, 
be  vested  with  the  power  to  borrow  money  in  the  name  of  the 
district,  to  the  amount  and  for  the  purpose  specified  in  the  notices 
aforesaid,  and  issue  the  bonds  of  the  district  for  the  payment 
thereof.  (R.  S.  1919,  §  11416.) 

Sec.  11445.  Warrants  to  be  drawn  on  appropriate  funds. 
The  species  of  indebtedness  must  be  stated  in  the  warrant,  which 
should  be  drawn  on  its  appropriate  fund;  warrants  for  teachers' 
wages  on  the  teachers'  fund;  warrants  for  the  purchase  of 
sites  or  additional  ground  attached  to  sites  for  erection  of  school 
houses,  library  buildings  and  additions  thereto,  and  building 
additions  thereto,  and  building  additions  to,  remodeling  and 
reconstructing  buildings  existing  at  the  time  of  making  the  loan, 
and  furnishing  the  same,  and  for  an  art  gallery,  museum,  on 
building  fund;  warrants  for  interest  on  bonded  indebtedness,  on 
the  interest  fund;  warrants  for  the  payment  or  redemption  of 
bonds,  upon  the  sinking  fund;  warrants  for  all  other  expenses,  on 
the  incidental  fund.  (R.  S.  1919,  §  11445.) 

Sec.  11502.  Board  of  regents — diplomas  and  certificates- 
power  to  confer — to  revoke. — Each  board  shall  have  power  and 
authority  to  confer  upon  students,  by  diploma  under  the  common 
seal,  such  degrees  as  are  usually  granted  by  teachers'  colleges 
and  normal  schools.  A  state  teachers'  college  diploma  conferred 
upon  the  completion  of  any  prescribed  course  of  study  shall  en- 
title the  holder  thereof  to  teach  in  this  state,  without  further 
examination,  until  revoked  by  the  board  of  regents  granting  the 
same  or  by  the  county  superintendent  of  public  schools,  or  state 
superintendent  of  schools,  for  incompetency,  cruelty,  immorality, 
drunkenness,  dishonesty  or  neglect  of  duty;  boards  of  regents 
shall  also  have  the  power  to  grant  a  certificate  upon  the  comple- 
tion of  a  course  of  study  prescribed  therefor,  which  certificate 
shall  entitle  the  holder  thereof  to  teach  in  this  state  for  a  period 
of  two  years  from  date,  unless  sooner  revoked  for  one  or  more  of 
the  causes  specified.  The  provisions  of  this  section  shall  apply  to 
the  school  of  education  of  the  university  of  Missouri  and  to  Lin- 
coln institute.  (R.  S.  1919,  §  11502.) 


172  Revised  School  Laws. 

Sec.  11505.  Board  of  regents — annual  report. — The  presi- 
dent of  each  board  shall  make  an  annual  report  to  the  state 
superintendent  of  public  schools,  in  the  month  of  August  in  each 
year,  of  all  receipts  of  moneys  from  appropriations,  incidental 
fees,  and  all  other  sources,  and  the  disbursements  thereof,  and 
for  what  purposes,  and  the  condition  of  said  teachers'  college. 
(R.  S.  1919,  §  11505.) 

Sec.  11507.  Duties  of  the  secretary — compensation. — The 
secretary  of  each  board  shall  keep  and  preserve  all  records,  books 
and  papers  belonging  to  the  board.  He  shall  keep  a  journal  of 
the  proceedings  of  the  board,  in  which  the  ayes  and  noes  on  all 
questions  shall  be  entered,  if  requested  by  any  one  member  of 
the  board.  He  shall  prepare,  under  the  direction  of  the  board, 
all  reports  and  estimates,  and  do  and  execute  all  such  matters 
and  things  as  belong  to  his  office.  He  shall,  annually,  in  the 
month  of  August,  transmit  to  the  state  superintendent  the  names 
of  all  those  receiving  diplomas  or  certificates,  with  residences 
and  dates  of  issue;  and  the  state  superintendent  shall  annually, 
in  the  month  of  September,  forward  to  each  county  superintendent 
of  schools  a  printed  list  of  persons  holding  a  state  certificate  in 
force,  and  those  authorized  to  teach  under  the  provisions  of  sec- 
tion 11502,  giving  names,  residences,  dates  of  qualification  and 
by  whom  conferred,  and  the  date  each  state  teachers'  college 
certificate  expires,  and  the  holder  of  such  state  certificate,  state 
teachers'  college  diploma  or  state  teachers'  certificate  shall,  before 
commencing  to  teach  a  public  school,  notify  the  county  superin- 
tendent of  public  schools  of  such  fact,  giving  date  of  qualifica- 
tion and  by  whom  conferred.  The  compensation  of  the  secretary 
shall  be  fixed  by  the  board,  and  shall  in  no  case  exceed  fifty  dollars 
per  annum.  (R.  S.  1919,  §  11507.) 

Sec.  11558.  Selling  liquor  to  students — penalty. — Any  per- 
son who  shall  knowingly  sell,  give  or  in  any  manner  dispose  of 
any  intoxicating  liquor  to  any  student  of  the  university  of  the 
state  of  Missouri,  or  of  any  school  or  college  or  academy  in  this 
state,  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall,  upon 
conviction,  be  punished  by  a  fine  of  not  less  than  forty  nor  more 
than  four  hundred  dollars,  or  by  imprisonment  in  the  county 
jail  not  less  than  three  months  nor  more  than  one  year,  or  by 
both  such  fine  and  imprisonment:  Provided,  that  it  shall  be 
lawful  for  druggists  to  sell  or  give  such  liquor  to  any  student, 
upon  the  written  prescription  of  a  regular  practicing  physician 
in  good  standing:  Provided,  that  nothing  in  this  section  shall 
be  so  construed  as  to  apply  to  any  mercantile  or  business  college. 
(R.  S.  1919,  §  11558.) 


Revised  School  Laws.  173 

PROVISIONS  OF  THE   CONSTITUTION   OF   MISSOURI 

ARTICLE  VIII— SUFFRAGE. 

Sec.  2.  *Every  male  citizen  of  the  United  States,  and  every 
male  person  of  foreign  birth  who  may  have  declared  his  inten- 
tion to  become  a  citizen  of  the  United  States  according  to  law, 
not  less  than  one  year  nor  more  than  five  years  before  he  offers 
to  vote,  who  is  over  the  age  of  twenty-one  years,  possessing  the 
following  qualifications,  shall  be  entitled  to  vote  at  all  elections 
by  the  people: 

First — He  shall  have  resided  in  the  state  one  year  imme- 
diately preceding  the  election  at  which  he  offers  to  vote. 

Second — He  shall  have  resided  in  the  county,  city  or  town 
where  he  shall  offer  to  vote  at  least  sixty  days  immediately  pre- 
ceding the  election. 

Sec.  7.  For  the  purpose  of  voting,  no  person  shall  be  deemed 
to  have  gained  a  residence  by  reason  of  his  presence,  or  lost  it  by 
reason  of  his  absence,  while  employed  in  service,  either  civil  or 
military,  of  this  state  or  of  the  United  States,  nor  while  engaged 
in  the  navigation  of  the  waters  of  the  state  or  of  the  United 
States,  or  of  the  high  seas,  nor  while  a  student  of  any  institution 
of  learning,  nor  while  kept  in  a  poorhouse  or  other  asylum  at  public 
expense,  nor  while  confined  in  public  prison. 

Sec.  8.  No  person,  while  kept  at  any  poorhouse  or  other 
asylum,  at  public  expense,  nor  while  confined  in  any  public 
prison,  shall  be  entitled  to  vote  at  any  election  under  the  laws  of 
this  state. 

Sec.  11.  No  officer,  soldier  or  marine,  in  the  regular  army 
or  navy  of  the  United  States,  shall  be  entitled  to'  vote  at  any 
election  in  this  state. 

Sec.  12.  No  person  shall  be  elected  or  appointed  to  any 
office  in  this  state,  civil  or  military,  who  is  not  a  citizen  of  the 
United  States,  and  who  shall  not  have  resided  in  this  state  one 
year  next  preceding  his  election  or  appointment. 

ARTICLE    X— TAXATION. 

Sec.  11.  Taxes  for  county,  city,  town  and  school  purposes 
may  be  levied  on  all  subjects  and  objects  of  taxation;  but  the 
valuation  of  property  therefor  shall  not  exceed  the  valuation  of 
the  same  property  in  such  town,  city  or  school  district  for  state 
and  county  purposes.  For  county  purposes  the  annual  rate  on 
property,  in  counties  having  six  million  dollars  or  less,  shall  not, 

*The  following  amendment  has  been  added  to  the  Constitution  of  the  United 
States: — "The  right  of  citizens  of  the  United  States  to  vote  shall  not  be  denied  or 
abridged' by  the  United  States  or  by  any  state  on  account  of  sex." 


174  Revised  School  Laws. 

in  the  aggregate,  exceed  fifty  cents  on  the  hundred  dollars  valua- 
tion; in  counties  having  six  million  dollars  and  under  ten  million 
dollars,  said  rate  shall  not  exceed  forty  cents  on  the  hundred 
dollars  valuation;  in  counties  having  ten  million  dollars  and  under 
thirty  million  dollars,  said  rate  shall  not  exceed  fifty  cents  on  the 
hundred  dollars  valuation,  and  in  counties  having  thirty  million 
dollars  or  more,  said  rate  shall  not  exceed  thirty-five  cents  on  the 
hundred  dollars  valuation.  For  city  and  town  purposes,  the  an- 
nual rate  on  property  in  cities  and  towns  having  thirty  thousand 
inhabitants  or  more  shall  not,  in  the  aggregate,  exceed  one  hun- 
dred cents  on  the  hundred  dollars  valuation;  in  cities  and  towns 
having  less  than  thirty  thousand  and  over  ten  thousand  inhabit- 
ants, said  rate  shall  not  exceed  sixty  cents  on  the  hundred  dol- 
lars valuation;  in  cities  and  towns  having  less  than  ten  thousand 
and  more  than  one  thousand  inhabitants,  said  rate  shall  not  ex- 
ceed fifty  cents  on  the  hundred  dollars  valuation,  and  in  towns 
having  one  thousand  inhabitants  or  less,  said  rate  shall  not  ex- 
ceed twenty-five  cents  on  the  hundred  dollars  valuation.  For 
school  purposes  in  districts  composed  of  cities,  which  have  one 
hundred  thousand  inhabitants  or  more,  the  annual  rate  on  prop- 
erty shall  not  exceed  sixty  cents  on  the  hundred  dollars  valuation, 
and  in  other  districts  forty  cents  on  the  hundred  dollars  valu- 
ation: Provided,  the  aforesaid  annual  rates  for  school  purposes 
may  be  increased  in  districts  formed  of  cities  and  towns  to  an 
amount  not  to  exceed  one  dollar  on  the  hundred  dollars  valuation 
and  in  other  districts  to  any  amount  not  to  exceed  sixty-five 
cents  on  the  hundred  dollars  valuation,  on  the  condition  that  a 
majority  of  the  voters  who  are  taxpayers,  voting  at  an  election 
held  to  decide  the  question,  vote  for  said  increase.  For  the 
purpose  of  erecting  public  buildings  in  counties,  cities  or  school 
districts,  the  rates  of  taxation  herein  limited  may  be  increased 
when  the  rate  of  such  increase  and  the  purpose  for  which  it  is 
intended  shall  have  been  submitted  to  a  vote  of  the  people 
and  two-thirds  of  the  qualified  voters  of  such  county,  city  or 
school  district  voting  at  such  election  shall  vote  therefor.  The 
rate  herein  allowed  to  each  county  shall  be  ascertained  by  the 
amount  of  taxable  property  therein,  according  to  the  last  assess- 
ment for  state  and  county  purposes,  and  the  rate  allowed  to 
each  city  or  town  by  the  number  of  inhabitants,  according  to 
the  last  census  taken  under  the  authority  of  the  state  or  the 
United  States;  said  restrictions  as  to  the  rates  shall  apply  to 
taxes  of  every  kind  and  description,  whether  general  or  special, 
except  taxes  to  pay  valid  indebtedness  now  existing  or  bonds 
which  may  be  issued  in  renewal  of  such  indebtedness:  Pro- 
vided, that  the  city  of  St.  Louis  may  levy  for  municipal  purposes, 
in  addition  to  the  municipal  rate  of  taxation  above  provided,  a 
rate  not  exceeding  the  rate  which  would  be  allowed  for  county 
purposes  if  said  city  were  part  of  a  county. 

Sec.  12.     No  county,  city,  town,  township,  school  district 
or  other  political  corporation  or  subdivision  of  the  state  shall  be 


Revised  School  Laws.  175 

allowed  to  become  indebted  in  any  manner,  or  for  any  purpose, 
to  an  amount  exceeding  in  any  year  the  income  and  revenue 
provided  for  such  year,  without  the  assent  of  two-thirds  of  the 
voters  thereof,  voting  at  an  election  to  Be  held  for  that  pur- 
pose; nor  in  cases  requiring  such  assent  shall  any  indebtedness  be 
allowed  to  be  incurred  to  an  amount,  including  existing  indebted- 
ness, in  the  aggregate  exceeding  five  per  centum  on  the  value  of 
the  taxable  property  therein,  to  be  ascertained  by  the  assessment 
next  before  the  last  assessment  for  state  and  county  purposes, 
previous  to  the  incurring  of  such  indebtedness:  Provided,  that 
with  such  assent  any  county  may  be  allowed  to  become  indebted 
to  a  larger  amount  for  the  erection  of  a  courthouse  or  jail;  and 
provided  further,  that  any  county,  city,  town,  township,  school 
district,  or  other  political  corporation  or  subdivision  of  the 
state,  incurring  any  indebtedness  requiring  the  assent  of  the 
voters  aforesaid,  shall  before  or  at  the  time  of  doing  so  provide 
for  the  collection  of  an  annual  tax  sufficient  to  pay  the  interest  on 
such  indebtedness  as  it  falls  due,  and  also  to  constitute  a  sinking 
fund  for  payment  of  the  principal  thereof,  within  twenty  years 
from  the  time  of  contracting  the  same. 

The  aggregate  taxable  value  of  all   property  in  the  school  district   includes 
merchants'  and  manufacturers'  licenses.      264  Mo.  646. 

ARTICLE  XI— EDUCATION. 

Section  1.  A  general  diffusion  of  knowledge  and  intelli- 
gence being  essential  to  the  preservation  of  the  rights  and  liber- 
ties of  the  people,  the  general  assembly  shall  establish  and  main- 
tain free  public  schools  for  the  gratuitous  instruction  of  all 
persons  in  this  state  between  the  ages  of  six  and  twenty  years. 

Sec.  2.  The  income  of  all  the  funds  provided  by  the  state 
for  the  support  of  free  public  schools  shall  be  paid  annually  to  the 
several  county  treasurers,  to  be  distributed  according  to  law; 
but  no  school  district  in  which  a  free  public  school  has  not  been 
maintained  at  least  three  months  during  the  year  for  which  the 
distribution  is  made  shall  be  entitled  to  receive  any  portion  of 
such  funds. 

Sec.  3.  Separate  free  public  schools  shall  be  established  for 
the  education  of  children  of  African  descent. 

Sec.  4.  The  supervision  of  instruction  in  the  public  schools 
shall  be  vested  in  a  "board  of  education,"  whose  powers  and 
duties  shall  be  prescribed  by  law.  The  superintendent  of  public 
schools  shall  be  president  of  the  board;  the  governor,  secretary  of 
state  and  attorney-general  shall  be  ex  officio  members,  and,  with 
the  superintendent,  compose  said  board  of  education. 

Sec.  5.  The  general  assembly  shall,  whenever  the  public 
school  fund  will  permit,  and  the  actual  necessity  of  the  same  may 
require,  aid  and  maintain  the  state  university  now  established, 
with  its  present  departments.  The  government  of  the  state 


176  Revised  School  Laws. 

university  shall  be  vested  in  the  board  of  curators,  to  consist  of 
nine  members,  to  be  appointed  by  the  governor,  by  and  with 
the  advice  and  consent  of  the  senate. 

Sec.  6.  The  propeeds  of  all  lands  that  have  been  or  here- 
after may  be  granted  by  the  United  States  to  this  state,  and  not 
otherwise  appropriated  by  this  state  or  the  United  States;  also, 
all  moneys,  stocks,  bonds,  lands  and  other  property  now  belong- 
ing to  any  state  fund  for  purposes  of  education;  also,  the  net  pro- 
ceeds of  all  sales  of  lands  and  other  property  and  effects  that 
may  accrue  to  the  state  by  escheats,  from  unclaimed  dividends 
and  distributive  shares  of  the  estates  of  deceased  persons;  also, 
any  proceeds  of  the  sales  of  the  public  lands  which  may  have 
been  or  hereafter  may  be  paid  over  to  this  state  (if  congress  will 
consent  to  such  appropriation);  also,  all  other  grants,  gifts  or 
devises  that  have  been  or  hereafter  may  be  made  to  this  state, 
and  not  otherwise  appropriated  by  the  state  or  the  terms  of  the 
grant,  gift  or  devise,  shall  be  paid  into  the  state  treasury  and 
securely  invested  and  sacredly  preserved  as  a  public  school  fund; 
the  annual  income  of  which  fund,  together  with  so  much  of  the 
ordinary  revenue  of  the  state  as  may  be  by  law  set  apart  for  that 
purpose,  shall  be  faithfully  appropriated  for  establishing  and 
maintaining  the  free  public  schools  and  the  state  university  in  this 
article  provided  for,  and  for  no  other  uses  or  purposes  whatever. 

Sec.  7.  In  case  the  public  school  fund  now  provided  and 
set  apart  by  law  for  the  support  of  free  public  schools  shall  be 
insufficient  to  sustain  a  free  school  at  least  four  months  in  every 
year  in  each  school  district  in  this  state,  the  general  assembly 
may  provide  for  such  deficiency  in  accordance  with  section  eleven 
of  the  article  on  revenue  and  taxation,  but  in  no  case  shall  there 
be  set  apart  less  than  twenty-five  per  cent,  of  the  state  revenue, 
exclusive  of  the  interest  and  sinking  fund,  to  be  applied  annually 
to  the  support  of  the  public  schools. 

Sec.  8.  All  moneys,  stocks,  bonds,  lands  and  other  property 
belonging  to  a  county  school  fund;  also,  the  net  proceeds  from  the 
sale  of  estrays;  also,  the  clear  proceeds  of  all  penalties  and  for- 
feitures, and  of  all  fines  collected  in  the  several  counties  for  any 
breach  of  the  penal  or  military  laws  of  the  state,  and  all  moneys 
which  shall  be  paid  by  persons  as  an  equivalent  for  exemption 
from  military  duty,  shall  belong  to  and  be  securely  invested  and 
sacredly  preserved  in  the  several  counties  as  a  county  public 
school  fund;  the  income  of  which  fund  shall  be  faithfully  ap- 
propriated for  establishing  and  maintaining  free  public  schools 
in  the  several  counties  in  this  state. 

Sec.  9.  No  part  of  the  public  school  fund  of  the  state  shall 
ever  be  invested  in  the  stock  or  bonds  or  other  obligations  of  any 
other  state,  or  of  any  county,  city,  town  or  corporation;  and  the 
proceeds  of  the  sales  of  any  lands  or  other  property  which  now 
belongs  or  may  hereafter  belong  to  said  school  fund  shall  be  in- 
vested in  the  bonds  of  the  state  of  Missouri  or  of  the  United  States. 


Revised  School  Laws.  Ill 

Sec.  10.  All  county  school  funds  shall  be  loaned  only  upon 
unencumbered  real  estate  security  of  double  value  of  the  loan, 
with  personal  security  in  addition  thereto. 

Sec.  11.  Neither  the  general  assembly  nor  any  county, 
city,  town,  township,  school  district  or  other  municipal  corpora- 
tion shall  ever  make  an  appropriation,  or  pay  from  any  public 
fund  whatever,  anything  in  aid  of  any  religious  creed,  church  or 
sectarian  purpose,  or  to  help  to  support  or  sustain  any  private  or 
public  school,  academy,  seminary,  college,  university  or  other 
institution  of  learning,  controlled  by  any  religious  creed,  church 
or  sectarian  denomination  whatever;  nor  shall  any  grant  or 
donation  of  personal  property  or  real  estate  ever  be  made  by  the 
state,  or  any  county,  city,  town  or  other  municipal  corporation, 
for  any  religious  creed,  church  or  sectarian  purpose  whatever. 


New  School  Laws  Enacted  by  the  51st  General 
Assembly  of  the  State  of  Missouri,  1921. 

Page 

High  schools  for  colored  children,  S.  B.  63 177 

Instruction  relating  to  care  and  hygiene  of   teeth,  H.  B.  432 181 

Ninth  and  tenth  grades  taught  in  the  local  school  districts,   H.  B.  325 182 

Negro  inspector  for  schools,  H.  B.  487 ;  .  183 

The  county  unit  bill,  H.  B.  128 183 

Rehabilitation  of  disabled  persons,  H.  B.  494 196 

Provision  for  physical  education,  H.  B.  515 197 

Missouri  school  for  the  blind  and  Missouri  school  for  the  deaf  classed  as  edu- 
cational institutions,  H.  B.  521 200 

Establishing  county  library  districts  and  free  county  libraries,  H.  B.  383.  .  .  .  207 

[S.  B.  63.] 

HIGH  SCHOOLS  FOR  COLORED  CHILDREN. 

AN  ACT  authorizing  the  establishment  of  high  schools  for  colored 
children  in  all  counties  in  this  state,  which  now  have  or  may 
hereafter  have  a  population  of  more  than  one  hundred 
thousand  inhabitants,  and  which  now  have  or  may  hereafter 
have  a  population  of  less  than  two  hundred  thousand  inhabit- 
ants, and  to  provide  for  such  high  school  training  for  all  such 
colored  children  in  such  counties  by  attendance  at  a  colored 
high  school  in  an  adjoining  city  or  county  until  a  county 
colored  high  school  is  provided  under  this  act;  and  to  provide 
for  the  payment  of  tuition  for  children  attending  the  colored 
high  school  outside  of  the  county  in  which  such  children  reside, 
repealing  acts  in  conflict  herewith  and  with  an  emergency 
clause. 

Sec. 

1.  Counties  having  a  certain  population. 

2.  Who  may  enter  and  how — tuition. 


Sec. 

4.  Provide  training  in  adjoining  counties  or 
cities. 


3.  How  governed  and  maintained. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri,  as  follows: 

Section    1.     Counties    having    a    certain    population. — In 

counties  not  or  hereafter  having  a  population  of  one  hundred 


178  Revised  School  Laws. 

thousand  inhabitants  or  more,  and  which  now  or  may  hereafter 
have  a  population  of  less  than  two  hundred  thousand,  the  school 
districts  in  such  counties  having  colored  children  of  school  age 
residing  therein  and  now  or  hereafter  maintaining  high  schools 
for  white  children,  for  the  sole  purpose  of  giving  to  the  colored 
children  in  such  counties  equal  high  school  facilities  with  the 
white  children,  shall  be  and  they  are  hereby  created  a  colored 
consolidated  county  high  school  district,  and  shall  be  known  as 

the  colored  consolidated  county  high  school  district  of 

county,  and  shall  by  such  name  have  the  power  to  sue  and  be 
sued,  and  have  the  same  powers  and  authority,  and  be  governed 
by  the  laws  now,  or  hereinafter  provided,  governing  city  and 
town  school  districts,  and  the  directors  of  the  school  districts 
comprising  such  consolidated  high  school  district  shall  consti- 
tute the  directors  of  such  colored  consolidated  county  high  school 
district.  Each  district  constituting  said  colored  consolidated 
county  high  school  district  shall  have  one  vote  at  the  meeting 
of  the  directors  of  such  colored  consolidated  county  high  school 
district,  the  directors  attending  being  entitled  to  cast  the  vote 
for  their  district,  and  a  majority  vote  of  the  directors  in  attend- 
ance from  each  district  shall  determine  the  vote  of  such  district. 
A  quorum  shall  be  deemed  present  when  a  majority  of  the  dis- 
tricts are  represented.  Such  directors  shall  meet  pursuant  to  a 
call  for  a  meeting  issued  by  the  county  school  superintendent 
and  organize  by  the  election  of  a  president,  vice-president, 
secretary  and  treasurer.  If  a  less  number  than  a  quorum  of 
directors  shall  attend  the  organization  meeting  called  by  the 
county  school  superintendent,  those  present  may  perfect  the 
organization,  as  herein  provided.  The  president  shall  only  vote 
in  case  of  a  tie,  but  he  shall  decide  all  tie  votes.  Such  colored 
high  school  shall  be  located  by  the  directors  of  the  colored  con- 
solidated county  high  school  district  in  such  school  district  as 
will  be  most  centrally  located,  as  well  as  most  conveniently 
located  for  transportation  facilities  for  the  largest  number  of 
possible  students  of  such  colored  consolidated  county  high  school 
district;  provided,  that  such  location  shall  be  approved  by  the 
board  of  directors  of  the  district  in  which  it  Is  proposed  to  locate 
such  colored  high  school,  and  if  such  local  board  of  directors 
object  to  the  location,  it  shall  require  a  two-thirds  vote  of  the 
directors  of  the  colored  high  school  district;  and  such  director 
shall  provide  for  school  site,  erection  of  school  buildings,  furnish- 
ing same,  providing  teachers  and  incidental  expenses,  and  any 
other  expense  incident  to  the  maintenance  of  said  colored  high 
school  in  the  same  manner  as  white  high  schools  are  conducted 
in  such  counties  as  is  now  provided  by  law  for  city  or  town  school 
districts.  The  expenses  of  acquiring  site,  erecting  and  furnish- 
ing said  buildings,  and  of  maintaining  said  colored  high  school 
shall  be  apportioned  among  the  several  districts  composing  said 
colored  high  school  district  according  to  the  enumeration  of  col- 
ored children  of  school  age  for  the  preceding  year,  Elections  to 


Revised  School  Laws.  179 

authorize  the  issuance  of  bonds  to  provide  necessary  site,  build- 
ings and  furnishing  same  may  be  called  by  the  board  of  directors 
of  said  colored  condolidated  county  high  school  district  Tm  its 
own  motion  and  a  special  election  shall  be  called  by  the  directors 
of  such  colored  consolidated  high  school  district  on  a  petition 
presented  to  them  signed  by  twenty-five,  or  more,  citizens 
residing  in  such  colored  consolidated  county  high  school  district. 
At  such  special  election  there  shall  be  one  polling  place  in  each 
school  district  comprising  such  colored  consolidated  county  high 
school  district,  which  shall  be  at  the  high  school  building  in 
such  district.  The  polls  shall  be  open  from  7  o'clock  a.  m.  to 
six  o'clock  p.  m.  and  the  board  of  directors  of  said  colored  con- 
solidated county  high  school  district  shall  appoint  three  judges 
and  two  clerks  for  each  polling  place  and  it  shall  require  the 
favorable  vote  of  two-thirds,  or  more  of  them  voting  at  such 
special  election  in  said  colored  consolidated  county  high  school 
district  to  authorize  the  issuance  of  said  bonds.  The  bonds  shall 
be  in  the  following  form,  to  wit: 

Colored  consolidated  county  high  school  district  of 

county.     Proposition  to  issue  bonds  in  the  sum  of  $ 

for  the  purpose  of 

For  the  loan 

Against  the  loan 

Scratch  the  one  you  do  not  wish  to  vote. 

Sec.  2.  Who  may  enter  and  how — tuition. — Any  colored 
person  of  school  age,  who  is  a  resident  of  a  school  district,  which 
does  not  offer  a  four  year  high  school  course,  and  which  colored 
person  has  completed  the  course  approved  by  the  department  of 
public  instruction  for  such  school  district,  shall  be  permitted  to 
attend  the  colored  consolidated  county  high  school  in  such 
county,  as  herein  provided  for.  Any  colored  person  applying 
for  permission  to  enter  colored  high  school  under  the  provisions 
of  this  act  shall  present  to  the  officials  of  such  colored  high  school 
which  he  desires  to  attend  the  affidavit  of  his  or  her  father,  mother 
or  guardian,  that  such  applicant  is  of  school  age  and  a  resident  of 
a  school  district  of  said  county,  specifying  the  district  and  that 
the  district  in  which  he  resides  does  not  offer  a  four  year  high 
school  course.  He  shall  also  present  a  certificate  signed  by  the 
county  superintendent  showing  that  he  has  completed  the  work 
in  the  eight  elementary  grades  as  set  forth  in  the  state  course  of 
study;  provided,  that  when  a  non-resident  pupil,  attending  the 
colored  consolidated  county  high  school  fails  to  meet  the  require- 
ments established  by  the  board  of  education  of  said  district  in 
carrying  out  a  high  school  course  of  study,  said  pupil  may  be 
denied  further  admission  after  due  notice  in  writing  of  said  failure 
to  his  or  her  father,  mother  or  guardian;  said  notice  to  be  made 
by  the  high  school  principal  at  least  thirty  days  prior  to  the  date 
in  which  the  pupil  may  be  denied  the  right  to  further  attendance, 
unless  the  requirement  be  one  of  discipline.  The  school  district 


180  Revised  School  Laws. 

in  which  such  student  resides  shall  pay  to  the  secretary  of  the 
school  board  of  the  district  in  which  such  student  shall  be  per- 
mitted to  attend,  a  tuition  fee  equal  to  the  average  cost  per  pupil 
for  maintaining  said  high  school,  which  shall  not  exceed,  however, 
a  total  period  of  four  years;  one-half  of  the  tuition  fee  shall  be 
paid  at  the  beginning  of  the  first  high  school  semester  each  year, 
and  one-half  at  the  beginning  of  the  second  semester;  if  the  pupil 
attends  lessthan  a  full  semester,  the  colored  consolidated  county 
high  school  district  shall  be  entitled  to  the  full  tuition  fee  for  the 
given  semester;  such  payment  to  be  made  out  of  the  teacher's 
and  incidental  funds  of  the  debtor  school  district,  and  such  tui- 
tion fees  so  collected  by  the  secretary  shall  be  turned  over  by 
him  with  an  itemized  statement  to  the  treasurer  of  said  colored 
consolidated  county  high  school  district. 

Sec.  3.  How  governed  and  maintained. — Otherwise,  and 
as  herein  provided,  the  colored  consolidated  county  high  school 
district  shall  be  governed  by  the  laws  now  or  hereafter  applicable 
to  city  and  town  school  districts.  When  the  voters  of  any  school 
district  have  voted  the  maximum  levy  for  school  purposes,  as 
provided  in  section  11,  article  10  of  the  Constitution  of  Missouri, 
and  said  school  district  shall  not  have  sufficient  funds  to  main- 
tain their  public  schools  within  the  general  average  cost  per 
pupil  for  all  the  schools  within  the  county,  the  county  court 
shall  pay  out  of  the  incidental  funds  of  the  county  treasury,  the 
tuition  of  pupils  attending  the  colored  consolidated  county  high 
school  from  said  district. 

Sec.  4.     Provide  training  in  adjoining  counties  or  cities. — 

Until  such  time  as  a  colored  consolidated  county  high  school  has 
been  furnished,  as  provided  herein,  any  colored  person  of  school 
age,  who  is  a  resident  of  such  county  and  shall  have  completed 
the  course  approved  by  the  department  of  public  instruction  for 
the  school  districts  in  such  county,  such  person'shall  be  permitted 
to  attend  any  public  colored  high  school  in  any  adjoining  city  or 
county,  when  said  pupil  has  met  all  requirements  laid  down  by 
the  board  of  education  in  carrying  out  a  course  of  study  for  said 
high  school.  Any  colored  person  applying  for  permission  to  any 
colored  high  school,  under  the  provisions  of  this  act,  shall  present 
to  the  officials  of  such  colored  high  school  to  which  he  desires  to 
attend,  the  affidavit  of  his  or  her  father,  mother  or  guardian  that 
such  applicant  is  of  school  age  and  a  resident  of  the  school 
district  of  said  county,  specifying  the  district,  and  that  the  dis- 
trict in  which  he  resides  does  not  offer  a  four-year  high  school 
course  for  colored  persons.  He  shall  also  present  a  certificate 
signed  by  the  county  superintendent  showing  that  he  has  com- 
pleted the  work  in  the  eighth  elementary  grade,  as  set  forth  in 
the  state  course  of  study.  The  school  district  in  which  such 
student  resides  shall  pay  to  the  secretary  of  the  school  board  in 
the  district  in  which  such  student  shall  be  permitted  to  attend  a 
tuition  fee  equal  to  the  average  cost  per  pupil  for  maintaining 


Revised  School  Laws.  181 

said  colored  high  school  during  such  attendance,  which  shall  not 
exceed,  however,  a  total  period  of  four  years;  one-half  of  said 
tuition  to  be  paid  at  the  beginning  of  the  first  semester  and  one- 
half  at  the  beginning  of  the  second  semester,  when  the  school 
board  of  the  school  district  in  which  said  pupil  resides  has  re- 
ceived a  written  statement  of  the  attendance  of  said  pupil  from 
any  person  authorized  by  said  school  board  to  issue  said  state- 
ment; if  the  pupil  attends  less  than  a  full  semester,  the  school 
district  attended  shall  be  entitled  to  the  full  tuition  for  the  given 
semester;  provided,  that  when  any  school  district  voting  the 
maximum  levy  of  school  purposes,  as  provided  in  section  11, 
article  10  of  the  Constitution  of  Missouri,  shall  not  have  sufficient 
funds  to  maintain  their  public  schools  within  the  general  average 
cost  per  pupil  for  all  the  schools  within  the  county,  the  county 
court  shall  pay  out  of  the  incidental  funds  in  the  county  treasury 
the  tuition  of  pupils  attending  a  colored  high  school  from  said 
school  district;  such  payment  to  be  made  out  of  the  teacher's 
and  contingent  funds  of  the  debtor  school  district,  and  such 
tuition  fees  so  collected  by  the  secretary  shall  be  turned  over  by 
him,  with  an  itemized  statement,  to  the  treasurer  of  said  school 
district. 

Approved  March  28,  1921. 

(H.  B.  432.) 

INSTRUCTION  RELATING  TO  CARE  AND  HYGIENE 

OF  TEETH. 

AN  ACT  to  secure  competent  instruction  in  the  public  schools 
of  the  state  of  Missouri  on  the  care  and  hygiene  of  the  teeth 
and  their  relation  to  the  general  health. 


Sec. 

1.  Chapter  edited  in  physiology  on  dental  hy- 


Sec. 

2.  A  misdemeanor  to  use  any  other  textbook. 


giene  by  competent  committee. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri,  as 

follows: 

Section  1.  Chapter  edited  in  physiology  on  dental  hygiene 
by  competent  committee. — That  a  chapter  or  chapters  on  dental 
hygiene  be  required  in  all  text  books  on  physiology  used  in  the 
public  schools  of  the  state  of  Missouri.  That  said  chapter  or  chap- 
ters shall  convey  the  proper  knowledge  to  the  pupil  on  the  care, 
function,  and  relation  of  the  teeth  to  the  general  health.  The 
aforesaid  chapter  or  chapters  in  said  text  books  shall  be  edited  or 
approved  by  a  competent  committee  composed  as  follows:  It 
shall  consist  of  five  members,  three  of  whom  shall  be  selected  by 
the  state  dental  society,  one  by  the  state  board  of  health,  and 
one  by  the  state  superintendent  of  schools,  arid  they  shall  serve 
without  compensation. 

Sec.  2.  A  misdemeanor  to  use  any  other  text  book. — For 
the  purpose  of  carrying  out  the  intent  of  this  act,  it  shall  be  un- 
lawful, on  and  after  the  first  day  of  July,  1922,  to  sell  in  this  state 
for  use  in  the  public  schools,  any  text  book  on  physiology  which 


182  Revised  School  Laws. 

does  not  contain  the  aforesaid  chapter  or  chapters;  and  the  offer- 
ing for  sale  of  any  text  book  on  physiology  in  violation  of  the 
above  sections  shall  be  a  misdemeanor:  Provided,  that  such 
chapter  or  chapters  may  be  sold  by  any  publisher  or  dealer  in 
pamphlet  form  in  any  case  where  a  school  district  has  in  use  any 
text  book  which  may  not  be  changed  under  the  law  for  a  certain 
period  of  time. 

Approved  March  28,  1921. 

(H.  B.  325.) 

NINTH  AND  TENTH  GRADES  TAUGHT  IN  LOCAL 
SCHOOL  DISTRICTS. 

AN  ACT  providing  that  subjects  of  the  ninth  and  tenth  grade 
school  work  may  be  taught  in  local  school  districts  and  pre- 
scribing the  conditions  under  which  the  same  may  be  taught. 


Sec. 

1.  Board   of   directors   may   provide — or   by 


Sec. 

2.  Emergency  clause. 


petition. 

Be  it  enacted  by  the  General  Assembly  of  the  State  oj  Missouri,  as  follows: 

Section  1.     Beard  of  directors  may  provide — or  by  petition. 

Whenever  a  school  district  within  this  state  contains  three  or 
more  children  who  have  completed  the  eight  elementary  grades 
of  school  work,  the  board  of  directors  may  provide  for  the  teach- 
ing of  the  ninth  end  tenth  grade  work.  If  the  board  of  directors 
of  the  school  district,  after  being  requested  to  provide  for  the 
teaching  of  the  ninth  and  tenth  grades,  for  three  or  more  chil- 
dren, entitled  to  take  said  grades,  refuse,  then  upon  the  filing  of 
a  petition  15  days  before  the  annual  school  meeting  with  the  clerk 
of  the  district,  by  ten  or  more  qualified  voters  residing  in  said 
school  district,  directed  to  said  board  of  directors,  the  board  of 
directors  shall  provide  for  the  teaching  of  said  grades;  provided 
that  when  such  schools  do  comply  with  the  same  regulations 
regarding  qualifications  of  teachers  and  equipment  as  prescribed 
by  the  state  superintendent  of  public  schools  for  schools  of  the 
third  class,  that  the  graduates  of  such  schools  shall  be  entitled 
to  credit  for  such  ninth  and  tenth  grade  high  school  work.  Pro- 
vided further,  that  funds  voted  at  the  annual  school  meeting, 
together  with  the  amount  of  money  received  from  the  state,  as 
provided  by  section  11211,  will  be  sufficient  to  employ  a  qualified 
teacher. 

Sec.  2.  Emergency  clause. — The  fact  that  the  annual 
school  election  will  occur  within  ninety  days  after  the  close  of 
this  session  and  that  there  is  now  no  adequate  provision  under 
the  law  by  which  this  act  may  be  put  into  operation  before  said 
election  creates  an  emergency  within  the  meaning  of  the  Constitu- 
tion; therefore  this  act  shall  be  in  effect  on  and  after  the  date  of 
its  passage. 

Approved  March  19,  1921. 


Revised  School  Laws. 


183 


(H.  B.  487.) 


NEGRO  INSPECTOR  FOR  SCHOOLS. 


AN  ACT  creating  the  office  of  negro  inspector  of  schools  and 
prescribing  the  duties  thereof. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri,  as  follows: 

Section  1.     Appointed  by  state  superintendent  of  schools.— 

There  is  hereby  created  the  office  of  state  negro  inspector  of 
negro  schools,  whose  duty  it  shall  be  to  inspect  the  negro  schools 
of  this  state  under  the  appointment  and  direction  of  the  state 
superintendent  of  schools.  The  salary  of  said  inspector  shall  be 
the  same  as  that  of  other  state  school  inspectors. 
Approved  March  31,  1921. 


(H.  B.   128.) 


THE  COUNTY  UNIT  LAW. 


Referred  to  the  people. — To  become  operative  if  favorably  acted 
upon  by  the  voters  in  November,  1922. 

AN  ACT  creating  a  county  school  district  in  each  county  of  the 
state,  establishing  a  county  board  of  education,  prescribing 
the  manner  of  election  and  term  of  office  of  its  members,  defin- 
ing the  powers  and  duties  of  said  county  board,  and  designat- 
ing all  school  districts  contained  therein  and  as  at  present 
organized,  as  local  school  districts,  and  conferring  upon 
them  all  the  privileges,  powers,  and  duties  now  conferred 
upon  said  school  districts  and  their  respective  boards  of 
directors  that  are  not  by  this  act  conferred  upon  the  county 
school  district  and  its  county  board  of  education;  also  re- 
pealing all  acts  and  parts  of  acts  in  conflict  with  this  act. 


Sec. 
1. 
2. 
3. 
4. 

5. 
6. 


10. 
11. 

12. 
13. 

14. 

15. 
16. 


Accredited  first  class  high  schools  exempt. 
Present  local  school  districts  maintained. 
County  board  of  education. 
Who  are  eligible  to  be  members  of  county 
board. 

Manner  of  electing  county  board. 
County  clerk  to  publish   names  of  candi- 
dates for  county  board. 
County  clerk  shall  send  ballots  with  alpha- 
betical lists  of  candidates  to  local  districts. 
Duty  of  county  clerk. 
Members    of   county   board — elected    by 
whom — when — how  long. 
Duties  of  voters  and  election  officers. 
Time  of  first   election — term   of  elected 
members,  etc. 

Publication  expenses,  how  paid. 
County    board    members    to    take   oath, 
organize,  and  elect  officers. 
County  board    shall  meet — where,  when 
— how     often — quorum — vacancies,    how 
filled,  etc. 

Allowance  for  services  of  county  board, 
mileage,  how  paid.  • 
Powers  and  duties  of  county  board. 
First — Appoint  county  superintendent  of 
schools — qualification  —  salary  —  may  be 
discharged— expenses  provided. 


Sec. 

16.  Second — Teachers — how  selected. 

Third — Elect  assistants  and  fix  pay.     Au- 
thority of  state  superintendent. 
Fourth — Care  for  school  property,  etc. 
Fifth — Change  boundary  lines — combine 
local  districts. 

Sixth — High  schools — instruction. 
Seventh — Prepare   budget — publish   same 
— expenses — how  paid. 
Eighth — Levy  tax,  etc. 
Ninth — Borrow  money — purchase  school 
necessities,  etc. 

Tenth — Make  rules — receive  reports  and 
records. 

Eleventh — Furnish    supplies — provide    li- 
brary. 

Twelfth — Select   textbooks   —   free   text- 
books— when. 

Thirteenth  —  Ascertain      indebtedness  — 
levy  tax. 

17.  County  board  to  submit  report  to  state 
superintendent, 

17a.  State  aid  granted  accredited  first   class 

high  schools — when. 
17b.  State  aid  granted  county  school  districts 

— when. 

18.  Official  records  become  property  of  county 
school  districts. 


184 


Revised  School  Laws. 


Sec. 

19.  Title  of  school  property  of  component  dis- 
tricts, vested  in  county  school  district. 

20.  Any  school  district  or  part  of  same  may 
come  under  county  unit — how. 

20a.Any  part  of  a  county  school  district  may 
become  a  part  of  a  high  school  district  or 
consolidated  high  school  district,  how. 

21.  Schools   for   colored   children — how   pro- 
yided. 

22.  Power  of  county  board. 

23.  Moneys  from  taxes — how  handled. 


Sec. 

24.  County  superintendent  and  assistants— 
duties  prescribed  by  county  board — how 
paid,  etc. 

25.  Local  school  board  to  submit  budget  to 
county  board.    ^ 

26.  Privileges  and  powers  of  local  school  dis- 
tricts and  boards. 

27.  Districts  exempt. 

27a.  Unconstitutionality  of  any  one  part  af- 
fects no  other. 

28.  Repealing  inconsistent  acts. 


Be   it  enacted  by  the  General  Assembly  of  the  State  o/  Missouri,  as 
follows: 

Section  1.  Accredited  first  class  high  schools  exempt. — 
For  the  purpose  of  general  administration  of  the  public  schools 
and  of  taxation  for  school  maintenance  and  building  purposes, 
all  school  districts,  as  now  established  and  designated  in  section 
11123,  Revised  Statutes  of  Missouri,  1919,  in  every  county, 
except  school  districts  maintaining  an  accredited  high  school  of 
the  first  class  at  the  time  of  the  taking  effect  of  this  act,  in  accord- 
ance with  the  present  rules,  regulations  and  standards  as  now 
fixed  by  the  state  superintendent  of  schools  under  the  provisions 
of  sections  11337  and  11338  Revised  Statutes  of  Missouri,  1919, 
shall  be  combined  into  one  school  district  to  be  known  and  desig- 
nated as  the  county  school  district  of county,  state 

of  Missouri. 

Sec.  2.  Present  local  school  districts  maintained. — For  the 
purpose  of  local  school  administration,  the  county  school  dis- 
trict shall  be  divided  into  local  school  districts  as  such  districts 
now  exist.  Local  school  districts  shall  be  defined  to  include  all 
school  districts  except  such  districts  as  maintain  a  first  class 
high  school  as  provided  for  in  section  1  of  this  act. 

Sec.  3.  County  board  of  education. — There  is  hereby 
created  in  each  and  every  county  in  the  state  a  county  board  of 
education  to  be  composed  of  six  members. 

Sec.  4.  Who  are  eligible  to  be  members  of  county  board. — 
Each  person  elected  or  appointed  on  the  county  board  of  educa- 
tion shall  be  a  citizen  of  the  United  States  and  of  the  state  of 
Missouri  and  shall  have  resided  in  said  state  for  at  least  one  year 
prior  to  his  election  and  shall  be  a  resident  of  the  county  in  which 
he  is  elected,  and  a  resident  of  the  county  school  district  for  at 
least  six  months,  and  shall  be  able  to  read  and  write  the  English 
language  and  shall  have  paid  a  state  and  county  tax  for  the  year 
next  preceding  his  election,  and  shall  not  be  less  than  twenty- 
five  years  of  age. 

Sec.  5.  Manner  of  electing  county  board. — Any  person, 
qualified  under  this  law,  may  become  a  candidate  for  election  on 
the  county  board  of  education  by  filing  his  announcement  with 
the  clerk  of  the  county  court  at  least  twenty  days  before  the 


Revised  School  Laws.  185 

annual  school  election  and  said  clerk  shall  file  the  announce- 
ments and  print  all  names  of  candidates  in  all  notices  of  election 
and  on  all  ballots  in  alphabetical  order.  Not  more  than  one 
member  of  said  board  shall  be  elected  from  any  one  municipal 
township  unless  the  county  contains  fewer  than  six  townships, 
in  which  case  two  members  may  be  elected  from  any  one  town- 
ship, and  not  more  than  three  of  said  members  shall  be  elected 
from  one  judicial  district  of  the  county  as  divided  for  the  election 
of  county  judges  of  the  county.  In  the  event  no  announcements 
for  the  county  board  of  education  are  filed  with  the  county  clerk, 
as  required  herein,  then  the  voters  of  the  local  school  district,  at 
their  annual  school  meetings,  may  vote  for  any  persons,  qualified 
under  this  law,  for  members  of  the  county  board  of  education, 
and  the  six  persons  having  the  highest  number  of  votes,  in  accord- 
ance with  the  above  provision  of  this  section,  shall  be  declared 
elected  as  the  first  county  board  of  education,  and  in  subsequent 
elections  the  same  procedure  shall  be  had  for  such  members  of 
the  board,  as  shall  be  necessary  to  elect. 

Sec.  6.  County  clerk  to  publish  names  of  candidates  for 
county  board. — The  county  clerk  shall  publish  in  alphabetical 
order  the  names,  postoffice  addresses,  and  townships  of  all  per- 
sons filing  for  election  in  two  newspapers  of  the  county,  for  two 
consecutive  weeks  prior  to  the  day  of  holding  the  annual  local 
district  election,  provided  that  if  only  one  newspaper  be  published 
in  the  county,  the  publication  required  by  this  section  shall  be 
made  in  such  newspaper. 

Sec.  7.  County  clerk  shall  send  ballots  with  alphabetical 
lists  of  candidates  to  local  districts. — At  least  ten  days  before 
the  annual  school  election,  the  county  clerk  shall  arrange  in 
alphabetical  order  the  names  of  the  persons  filing  for  election 
with  the  name  of  the  township  in  which  each  resides,  and  cause 
the  same  to  be  printed  on  the  official  ballot,  and  sent  by  mail  or 
otherwise  to  the  clerk  of  each  local  district  a  number  of  official 
ballots  equal  to  two  times  the  estimated  number  of  qualified 
voters  in  the  local  school  district.  The  official  ballots  shall  not 
contain  any  party  emblem,  name,  title,  or  designation.  . 

Sec.  8.  Duty  of  county  clerk. — Whenever  the  county  board 
of  education  or  the  county  court  has  certified  to  the  clerk  of  the 
county  court  any  proposition  to  be  voted  upon  or  election  to  be 
held  under  the  provisions  of  this  act,  it  shall  be  the  duty  of  such 
clerk  of  the  county  court  to  prepare  and  distribute  ballots,  and 
blank  certificates  for  each  and  every  election  that  may  be  held 
under  the  provisions  of  this  act,  shall  be  as  now  provided  for  the 
holding  of  the  annual  school  meeting  in  the  local  school  district. 

Sec.  9.  Members  of  county  board — elected  by  whom— 
how  long. — The  members  of  the  county  board  of  education  shall 
be  elected  by  the  qualified  voters  of  the  county  school  district, 
voting  at  the  annual  school  election  held  at  two  o'clock  in  the 


186  Revised  School  Laws. 

afternoon  of  the  first  Tuesday  in  April  of  each  year.  Said  mem- 
bers so  elected  shall  hold  their  office  for  three  years  and  until 
their  successors  are  elected  and  qualified,  except  those  elected  at 
the  first  election  in  1921  and  those  elected  to  fill  unexpired  terms. 

Sec.  10.  Duties  of  voters  and  election  officers. — The  vot- 
ing for  membership  on  the  county  board  of  education  shall  be 
by  ballot  and  no  ballots  shall  be  used  except  the  official  ballots 
furnished  by  the  county  clerk  in  the  manner  hereinbefore  pro- 
vided. Each  qualified  voter  of  the  county  school  district  shall 
be  entitled  to  vote  for  as  many  members  of  the  county  board  of 
education  as  there  are  vacancies  to  be  filled.  The  voter  shall 
draw  a  line  through  the  name  or  names  of  all  candidates  appear- 
ing on  said  ballot  except  the  names  of  the  candidates  for  whom 
he  desires  to  cast  his  vote.  It  shall  be  the  duty  of  the  chairman 
and  clerk  of  the  annual  school  meeting  to  cast  up  the  result  of 
said  election,  announce  the  number  of  votes  received  by  each  of 
said  candidates  and  cause  the  same  to  be  entered  upon  the  records 
of  the  proceedings  of  said  annual  meeting.  The  chairman  and 
clerk  shall  make  out  upon  a  blank  certificate  to  be  furnished  by  the 
county  clerk  at  the  time  official  ballots  are  distributed,  the  number 
of  votes  cast  for  each  candidate,  and  within  five  days  after  the 
holding  of  such  election  transmit  by  mail  or  otherwise  to  the 
clerk  of  the  county  court  said  certificate,  together  with  all  ballots 
voted  at  said  election.  Such  certificates  shall  be  signed  by  the 
chairman  and  clerk  of  the  election  and  a  copy  of  this  certificate 
properly  signed  shall  be  filed  with  the  clerk  of  the  local  district. 
It  shall  be  the  duty  of  the  county  clerk  within  ten  days  after  the 
annual  election  to  call  to  his  assistance  two  justices  of  the  peace 
or  two  qualified  voters  of  the  county,  who  together,  shall  cast  up 
the  vote.  The  county  clerk  shall  issue  commissions  to  the  per- 
sons elected,  for  which  he  shall  receive  a  fee  of  one  dollar  for  each 
commission  issued,  to  be  paid  out  of  the  incidental  fund  of  the 
county  school  district. 

Sec.  11.  Time  of  first  election — term  of  elected  members, 
etc. — The  first  election  for  members  of  the  county  board  of  educa- 
tion held  under  the  provisions  of  this  act,  shall  be  held  on  the 
third  Tuesday  in  August,  1921,  at  two  o'clock  in  the  afternoon, 
at  which  time  six  members  shall  be  elected.  The  county  clerk 
shall  cast  up  the  returns  as  provided  in  section  10  of  this  act. 
The  two  members  receiving  the  highest  number  of  votes  shall 
serve  until  April  1,  1924,  the  two  members  receiving  the  next 
highest  number  of  votes  shall  serve  until  April  1,  1923,  and  the 
two  receiving  the  next  highest  number  of  votes  shall  serve  until 
April  1,  1922.  Announcements  for  members  of  the  county  board 
of  education  to  be  elected  in  August,  1921,  shall  be  made  in  the 
manner  provided  in  sections  5  and  6  of  this  act,  except  that  the 
county  clerk  shall  give  notice  of  such  announcements  twenty 
days  prior  to  the  third  Tuesday  in  August,  1921,  and  at  least 
ten  days  prior  to  the  third  Tuesday  in  August.  1921,  the  county 


Revised  School  Laws.  187 

clerk  shall  arrange  the  official  ballots  and  distribute  them  in  the 
manner  provided  in  section  7  of  this  act. 

Sec.  12.  Publication  expenses — how  paid. — Prior  to  July 
1,  1922,  the  expenses  of  the  publication  of  names  of  persons 
nominated  as  candidates  for  membership  on  the  county  board  of 
education  and  the  cost  of  printing  and  distributing  the  official 
ballots  and  all  other  expenses  incurred  by  the  county  clerk  in 
carrying  out  the  provisions  of  this  act  shall  be  paid  from  the 
general  county  revenue  fund.  In  all  elections  subsequent  to 
July  1,  1922,  the  cost  shall  be  paid  out  of  the  incidental  fund  of 
the  county  school  district. 

Sec.  13.  County  board  members  to  take  oath,  organize, 
and  elect  officers. — The  members  of  the  county  board  of  educa- 
tion, elected  as  herein  provided,  shall  meet  at  the  county  seat 
on  or  before  the  fourth  Saturday  in  August,  1921,  take  and  sub- 
scribe to  an  oath  or  affirmation,  which  oath  or  affirmation  may 
be  administered  by  each  other,  and  shall  be  as  follows:  "I  do 
solemnly  swear  (or  affirm)  that  I  will  support  the  Constitution 
of  the  United  States  and  the  Constitution  of  the  state  of  Missouri, 
and  that  I  will  faithfully  and  impartially  discharge  the  duties  of 
a  member  of  the  county  board  of  education  of  the  county  of 
,  state  of  Missouri  to  the  best  of  my  ability,  accord- 
ing to  law,  so  help  me  God."  Said  board  shall  then  organize  by 
electing  one  of  its  members  president.  The  county  superintend- 
ent of  schools  shall  be  the  secretary  and  executive  officer  of  the 
board.  The  county  treasurer  shall  be  the  treasurer  of  the 
county  board  of  education.  The  county  board  of  education 
shall  keep  an  official  seal  with  which  to  attest  its  official  acts. 

Sec.  14.  County  board  shall  meet,  where — when — how 
often — quorum — vacancies — how  filled,  etc. — The  county  board 
of  education  shall  meet  at  least  four  times  a  year  and  oftener,  if 
necessary,  upon  call  of  the  president  of  the  board  or  of  any  four 
members.  The  four  regular  meetings  of  the  board  shall  be  held 
at  the  county  seat  on  the  last  Saturday  of  February,  May, 
August,  and  November.  Four  members  shall  constitute  a  quo- 
rum for  transaction  of  business.  If  one  or  more  vacancies  occur 
in  the  membership  of  the  county  board  of  education  by  death, 
resignation,  refusal  to  serve,  repeated  neglect  of  duty,  removal 
from  the  township  where  elected  or  from  the  county  school  dis- 
trict, or  for  any  reason,  the  remaining  members  shall,  before 
transacting  any  official  business,  appoint  one  or  more  suitable 
persons  to  fill  such  vacancies  until  the  next  annual  school  elec- 
tion. In  the  event  that  the  entire  board  should  become  dis- 
qualified for  any  of  the  reasons  hereinbefore  stated,  the  county 
court  shall  within  thirty  days  appoint  successors  thereto,  who 
shall  serve  until  the  next  annual  election.  At  the  annual  meet- 
ing on  the  last  Saturday  in  May,  the  board  shall  reorganize  and 
the  newly  elected  members  shall  take  the  oath  as  prescribed  in 
section  13  of  this  act. 


188  Revised  School  Laws. 

Sec.  15.  Allowance  for  services  of  county  board — mileage 
—how  paid. — The  members  of  the  county  board  of  education 
shall  receive  for  their  service  on  this  board  a  per  diem  allowance 
of  not  exceeding  five  dollars  for  each  day.  Said  per  diem  allow- 
ance shall  not  exceed  fifteen  days  actual  service  in  any  calendar 
year,  and  also  a  mileage  allowance  of  ten  cents  per  mile  each 
way  for  each  mile  traveled  from  the  residence  of  the  board  mem- 
ber to  the  place  of  meeting  of  the  county  board.  Said  expenses 
shall  be  paid  from  the  incidental  fund  of  the  county  school  dis- 
trict provided,  however,  that  prior  to  July  1,  1922,  the  compensa- 
tion and  traveling  expenses  of  the  county  board  of  education  and 
all  other  expenses  incurred  by  said  county  board  in  the  trans- 
action of  its  official  business  shall  be  paid  by  the  county  court 
from  the  general  revenue  fund  of  the  county  and,  within  six 
months  after  July  1,  1922,  the  county  board  of  education  shall, 
out  of  the  incidental  fund  of  the  county  school  district,  reimburse 
the  county  court  for  all  moneys  paid  out  under  the  provisions 
of  this  section. 

Sec.  16.  Powers  and  duties  of  county  board. — The  county 
board  of  education  shall  have  power  and  it  shall  be  its  duty: — 

First:  Appoint  county  superintendent  of  schools — qualifica- 
tion— salary — may  be  discharged — expenses  provided. — To  ap- 
point a  county  superintendent  of  schools  for  a  term  not  to  ex- 
ceed four  years.  Said  superintendent  shall  be  not  less  than 
twenty-four  years  of  age,  a  legally  qualified  teacher,  a  citizen  of 
the  United  States,  and  shall  have  taught  or  supervised  schools 
as  his  chief  work  during  at  least  two  years.  The  minimum  salary 
of  the  county  superintendent  shall  be  determined  as  provided 
in  section  11352  and  section  11353,  Revised  Statutes  of  Missouri, 
1919;  provided,  that  the  county  superintendents  now  serving  in 
the  various  counties  shall  receive  a  salary  not  less  than  that  now 
paid,  and  that  they  shall  continue  to  serve  until  the  expiration 
of  the  time  for  which  they  were  elected,  or  until  their  successors  are 
elected  and  qualified,  and  shall  be  eligible  to  reappointment  under 
this  act.  The  county  superintendent  of  schools  may  be  discharged 
by  the  said  county  board  upon  charges  preferred  in  writing 
for  violation  of  contract,  inefficiency  or  other  just  cause;  provided, 
not  fewer  than  four  members  of  the  county  board  of  education 
vote  in  favor  of  such  discharge.  The  county  board  shall  pro- 
vide for  all  office  and  traveling  expenses  of  the  county  superin- 
tendent and  his  assistants,  and  prescribe  such  duties  as  they 
deem  necessary  in  addition  to  those  prescribed  by  article  2, 
chapter  102,  Revised  Statutes  of  Missouri,  1919;  provided  further, 
that  the  board  may  supplement  the  salary  of  the  county  superin- 
tendent from  the  teachers'  fund. 

Second:  Teachers — how  selected. — To  contract  with  the 
teachers  of  the  respective  local  districts  and  fix  salaries  in  accord- 
ance with  a  prescribed  published  classified  salary  schedule  which 


Revised  School  Laws.  189 

shall  be  determined  on  the  basis  of  (a)  academic  scholarship,  (b) 
professional  training,  (c)  successful  esperience  in  teaching.  For 
the  purpose  of  determining  salaries,  the  county  superintendent 
of  schools,  with  the  approval  of  the  county  board  of  education, 
shall  classify  the  teachers  according  to  a  salary  schedule  previous- 
ly adopted  by  the  county  board  of  education.  Provided,  that 
the  directors  of  each  local  district  shall  select  their  own  teacher 
or  teachers  from  an  eligible  list  furnished  by  the  county  superin- 
tendent of  schools. 

Third:  Elect  assistants  and  fix  pay — authority  of  state 
superintendent. — To  elect,  on  nomination  of  the  county  superin- 
tendent of  schools,  such  assistants,  supervisors,  attendance 
officers  and  other  employees  of  the  county  district  as  in  the  judg- 
ment of  the  county  board  niay  be  necessary  for  the  efficient 
administration  of  the  school  system,  prescribe  their  duties  and 
fix  their  conpensation.  The  state  superintendent  of  public 
schools  is  hereby  given  full  authority  to  prescribe  the  academic 
and  professional  standards  of  preparation  for  county  superin- 
tendents of  schools,  their  assistants  and  supervisors. 

Fourth:  Care  for  school  property,  etc. — To  have  super- 
visory power  over  the  care  and  keeping  of  all  school  property 
situated  within  the  county  school  district;  to  co-operate  and 
advise  with  the  board  of  directors  of  the  local  districts  and  the 
county  officers  having  to  do  with  the  administration  of  the 
schools. 

Fifth:     Change  of  boundary  lines — combine  local  districts. 

-To  change  boundary  lines  of  local  school  districts  whenever  in 

its  judgment  it  becomes  necessary;  to   combine  two   or  more 

local  board  school  districts  when  needed  for  elementary  or  high 

school  purposes. 

Sixth:  High  schools — instruction. — To  establish,  govern, 
and  maintain  such  high  schools  as  said  board  may  deem  neces- 
sary. The  board  shall  have  power  to  rent  or  lease  any  suitable 
building  for  high  school  or  elementary  school  purposes  where 
needed  and  pay  for  the  same  out  of  the  incidental  fund  of  the 
county  school  district;  to  sell  all  school  property  no  longer  used 
or  needed  for  school  purposes  and  place  the  money  resulting 
from  such  sale  to  the  credit  of  the  building  fund  of  the  county 
school  district;  to  purchase  sites;  to  condemn  sites  as  now  pro- 
vided by  law  in  condemnation  proceedings.  Provided,  that  when 
no  high  school  maintained  by  the  county  school  district  is  con- 
venient, the  parents  or  guardians  of  all  children  entitled  to  high 
school  instruction,  shall  be  consulted  and  their  wishes  shall  pre- 
vail as  to  the  high  school  the  said  pupils  may  attend,  and  the 
county  board  of  education  shall  make  full  provisions  for  the  four 
year  high  school  education  of  all  eighth  grade  graduates  of  the 
'county  school  district,  (a)  by  assigning  the  pupils  to  any  high 
school  in  the  county  school  district,  in  which  case,  no  tuition 


190  Revised  School  Laws. 

shall  be  paid;  (b)  by  assigning  the  pupils  to  any  city  or  town  high 
school,  or  to  the  demonstration  school  department  of  the  state 
university  or  any  state  teachers  college  or  other  schools  maintain- 
ing the  rank  of  a  first-class  high  school  where  satisfactory  arrange- 
ments can  be  made,  in  which  case  the  board  shall  pay  only  the 
actual  tuition  cost  out  of  the  teachers  fund  of  the  county  school 
district,  provided  further,  any  county  board  may  arrange  for  the 
transportation  of  the  pupils  and  pay  the  cost  thereof  out  of  the 
incidental  fund.  When  the  best  interests  of  the  children  will  be 
served  thereby,  the  county  board  of  education  may  transfer 
pupils  from  one  school  to  another  in  the  same  county  school 
district  or  to  any  school  in  any  adjoining  county,  where  satisfac- 
tory arrangements  can  be  made,  in  which  case  the  county  board 
of  education  shall  pay  from  the  teacher's  fund  of  the  county 
school  district  the  actual  tuition  cost  of  the  pupils  so  transferred. 

Seventh:  Prepare  budget — publish  same — expenses — how 
paid. — To  prepare  a  budget  setting  out  the  total  amount  of  funds 
received  and  disbursed  by  the  said  board  during  the  current 
school  year  and  also  estimated  amount  of  revenue  required  for 
school  purposes  for  the  next  succeeding  school  year.  Said  bud- 
get shall  be  published  in  two  newspapers  of  said  county,  except 
where  only  one  newspaper  is  published  in  the  county  it  shall  be 
published  in  that  newspaper,  and  for  two  consecutive  weeks 
prior  to  the  day  for  holding  the  annual  school  meeting.  The 
expense  of  such  publication  shall  be  paid  out  of  the  incidental 
fund  of  the  county  school  district  upon  warrants  ordered  by  the 
county  board  and  signed  by  the  president  and  secretary. 

Eighth:  Levy  tax,  etc.- — The  county  board  shall  have  the 
exclusive  power  of  levying  annually  a  tax  for  school  purposes  of 
forty  cents  on  the  one  hundred  dollars  assessed  valuation  of  all 
taxable  property  situated  within  the  limits  of  the  couniy  school 
district;  and  whenever  it  may  be  necessary  for  the  county  board 
of  education  to  increase  the  annual  rate  of  taxation  for  school 
purposes,  such  board  shall  determine  the  purpose  and  rate  of 
taxation  necessary  to  be  levied  on  the  taxable  property  situated 
within  the  limits  of  the  county  school  district  within  the  maxi- 
mum rates  prescribed  by  the  Constitution  for  such  purposes  and 
shall  submit  to  the  voters  of  said  county  school  district  at  the 
annual  school  election  or  at  any  other  election  called  by  said 
board  and  held  for  that  purpose,  at  the  usual  places  of  holding 
elections  for  members  of  such  board,  due  notice  having  been  given 
as  required  by  section  11151,  Revised  Statutes  of  Missouri,  1919, 
and  if  a  majority  of  the  tax-paying  voters  voting  at  such  election 
on  the  proposition  to  increase  the  levy,  shall  vote  in  favor  of  such 
increase,  the  result  of  such  vote  and  the  rate  of  taxation  so  voted 
shall  be  certified  to  the  clerk  of  the  county  court  in  a  manner 
similar  to  that  provided  in  section  10  of  this  act,  who  shall  on 
receipt  thereof  proceed  to  assess  and  carry  out  the  amounts  so% 
returned  on  the  tax  books  against  all  taxable  property  real  and 


Revised  School  Laws.  191 

personal  in  such  county  school  district  as  shown  by  the  last 
annual  assessment  for  state  and  county  purposes,  including  all 
statements  of  merchants  and  manufacturers  as  provided  by  law. 

Ninth:  Borrow  money — purchase  school  necessities,  etc.— 
For  the  purpose  o'f  purchasing  libraries,  school  house  sites,  erect- 
ing school  houses,  and  furnishing  the  same,  and  building  addi- 
tions to  and  repairing  the  same,  the  board  of  education  of  the 
county  school  district  shall  have  authority  to  borrow  money  and 
issue  bonds  in  the  same  manner  as  provided  in  section  11127, 
Revised  Statutes  of  Missouri,  1919,  except  as  herein  provided. 
They  shall  also  have  all  the  powers  granted  to  schools  of  all 
classes  in  chapter  102,  article  2  of  the  Revised  Statutes  of  Mis- 
suori,  1919,  relating  to  loans,  bond  issues,  refunding  bonds 
revenue,  interest  and  sinking  fund  and  levying  building  taxes 
for  repairs  or  the  erection  of  buildings,  unless  herein  otherwise 
specified.  Notices  of  all  elections  relating  to  any  of  the  items 
specified  in  this  section  shall  be  given  publication  for  at  least 
three  weeks,  within  thirty  days  prior  to  any  such  election.  The 
said  notice  shall  state  the  nature,  amount,  and  purpose  of  any 
such  loan  or  levy.  In  addition  the  county  board  of  education 
shall  cause  the  clerk  of  each  local  district  to  post  in  five  public 
places  in  each  local  district  notices  stating  the  nature,  amount, 
purpose  of  any  loan  or  levy  to  be  voted  on  at  any  annual  or  special 
election  in  said  county. 

Tenth:     Make  rules — receive    reports    and    records. — To 

make,  on  recommendation  of  the  county  superintendent  of  schools 
all  necessary  rules  for  the  classification  of  pupils  and  the  govern- 
ing of  the  local  district  schools  of  the  county;  to  receive  from 
teachers,  supervisors,  board  of  directors  and  others  having  to 
do  with  the  administration  of  schools,  such  reports  and  records 
as  are  required  by  law  or  by  rule  of  the  county  board. 

Eleventh:  Furnish  supplies — provide  library. — To  furnish 
each  school  with  all  needed  supplies  and  pay  for  the  same  out  of 
the  incidental  fund  of  the  county  school  district;  to  provide, 
as  nearly  as  the  incidental  funds  will  permit,  a  permanent 
library  for  each  local  district  and  to  make  rules  governing  its 
care  and  use. 

Twelfth:  Select  text  books — free  text  books,  when. — The 
county  board  of  education  shall,  on  recommendation  of  the 
county  superintendent  of  schools,  select  text  books  for  all  schools 
in  the  county  school  district  unless  otherwise  provided  by  law 
and,  at  its  option,  furnish  such  text  books  free  to  all  pupils  in  any 
grade  or  in  all  grades  of  the  county  district;  provided,  that  all 
existing  contracts  with  publishers  shall  be  and  remain  in  force 
until  their  expiration;  provided  jurther,  that  the  grant  of  the 
county  funds  from  foreign  insurance  taxes  as  provided  in  section 
11395,  Revised  Statutes  of  Missouri,  1919,  shall  be  allowed  to 
county  school  districts  that  furnish  free  text  books. 


192  Revised  School  Laws. 

Thirteenth:  Ascertain  indebtedness  —  levy  tax.  —  The 
county  board  of  education  shall  ascertain  the  amount  of  the  in- 
debtedness of  the  local  school  districts,  that  is  assumed  by  the 
county  school  districts,  under  the  provisions  of  this  act,  and 
shall  levy  an  annual  tax  on  all  the  taxable,  property  of  the  county 
school  district,  sufficient  to  pay  the  annual  interest  on  the  as- 
sumed indebtedness  and  pay  the  principal  thereof  as  the  same 
falls  due. 

Sec.  17.  County  board  to  submit  report  to  state  superintend- 
ent.— On  or  before  July  1,  1922  and  every  year  thereafter,  the 
county  board  of  education  shall  submit  to  the  state  superintend- 
ent of  public  schools,  a  statement  on  blank  furnished  by  said 
state  superintendent  showing  the  amount  spent  per  pupil  in 
average  daily  attendance  the  preceding  school  year  in  the  public 
schools  under  their  jurisdiction  and  the  total  number  of  days  of 
attendance  by  all  pupils  in  said  public  schools,  the  total  amount 
expended  on  the  public  schools  and  the  total  balance  on  hand. 
In  arriving  at  the  total  number  of  days  of  attendance,  the  pupils 
assigned  by  the  county  board  to  a  school  or  schools  not  in  the 
county  school  district,  shall  be  counted  by  the  county  school 
district  from  which  assigned. 

Sec.  17a.  State  aid  granted  accredited  first  class  high 
schools — when. — Whenever  any  accredited  high  school  of  the 
first  class  which  has  for  the  general  administration  of  the  public 
schools  and  of  taxation  for  school  maintenance  and  building 
purposes,  been  excluded  from  the  provisions  of  this  act  by  section 
1  thereof,  shall  vote  a  levy  of  one  hundred  cents  upon  the  one 
hundred  dollars  of  the  assessed  valuation  of  all  taxable  property 
within  said  high  school  district  taxable  by  law  for  school  pur- 
poses, and  the  estimated  proceeds  of  this  levy,  together  with  the 
balance  of  money  on  hand,  income  from  the  county  and  town- 
ship funds,  plus  an  amount  equal  to  the  state  apportionment  for 
the  current  year,  amounts  to  less  than  thirty-five  cents  per  day 
per  pupil  in  average  daily  attendance  the  preceding  year,  the 
state  superintendent,  before  apportioning  the  state  school  moneys 
as  otherwise  directed  by  law,  shall  apportion  to  said  high  school 
district  an  amount  sufficient  to  make  the  total  moneys  available 
for  school  maintenance,  in  said  high  school  district,  equal  to 
thirty-five  cents  a  day  per  high  school  pupil  in  average  daily 
attendance,  the  previous  school  year:  Provided,  however,  that 
the  amounts  fixed  herein  for  special  state  aid  shall  be  held  to  be 
the  minimum  amounts  that  the  districts  herein  mentioned  shall 
receive  as  special  state  aid,  and  any  increase  in  the  valuation  of 
the  property  located  within  said  high  school  districts  and  any 
increase  of  moneys  from  local  taxation  therein  shall  not  have 
the  effect  of  reducing  the  amounts  due,  to  such  high  school  dis- 
tricts as  special  state  aid;  and  in  making  the  apportionment  for 
the  special  state  aid  the  state  superintendent  of  schools  shall 
estimate  the  proceeds  from  the  local  levy  upon  the  valuation  of 


Revised  School  Laws.  193 

the  property  of  said  high  school  districts  for  the  year  1919  and 
apportion  the  said  special  state  aid  herein  mentioned  upon  the 
valuation  of  the  said  high  school  districts  for  the  year  1919,  until 
a  different  apportionment  shall  be  established  by  law. 

Sec.  17b.  State  aid  granted  county  school  districts — when. 
Whenever  any  county  school  district  has  voted  a  levy  of  sixty- 
five  cents  upon  the  one  hundred  dollars  assessment  valuation  of 
the  taxable  property  of  the  county  school  district  taxable  by  law 
for  school  purposes  and  the  estimated  proceeds  from  this  levy 
together  with  the  balance  on  hand,  income  from  the  county  and 
township  funds,  plus  an  amount  equal  to  the  state  apportion- 
ment for  the  current  year,  amounts  to  less  than  twenty  cents  per 
pupil  in  average  daily  attendance  in  the  elementary  schools  and 
thirty-five  cents  in  the  high  schools  the  preceding  year,  the  state 
superintendent,  before  apportioning  the  state  school  moneys,  as 
otherwise  directed  by  law,  shall  apportion  to  any  such  county 
school  district  an  amount  sufficient  to  make  the  total  moneys 
available  for  school  maintenance  in  said  county  school  district, 
equal  to  twenty  cents  a  day  per  child  in  average  daily  attendance 
in  the  elementary  schools  and  thirty-five  cents  per  day  per  child 
in  the  high  school,  the  previous  year;  provided,  however,  that  the 
amounts  fixed  herein  for  special  state  aid  shall  be  held  to  be  the 
minimum  amount  that  the  district  herein  mentioned  shall  receive 
as  special  state  aid  and  any  increase  in  the  valuation  of  the  prop- 
erty located  within  any  county  school  district  and  any  increase 
of  moneys  from  local  taxation  therein  shall  not  have  the  effect 
of  reducing  the  amounts  due  to  such  county  school  districts  as 
special  state  aid;  and  in  making  the  apportionment  for  the  special 
state  aid  the  state  superintendent  of  schools  shall  estimate  the 
proceeds  from  the  local  levy  upon  the  valuation  of  the  property 
of  said  county  school  district  for  the  year  1919  and  apportion  the 
special  state  aid  herein  mentioned  upon  the  valuation  of  the  said 
county  school  district  for  the  year  1919,  until  a  different  appor- 
tionment shall  be  established  by  law. 

Sec.  18.  Official  records  become  property  of  county  school 
district. — When  and  after  this  act  takes  effect,  the  official  records 
of  the  component  districts  affected  by  this  act  shall  become  the 
property  of  the  county  school  district. 

Sec.  19.  Title  of  school  property  of  component  districts, 
vested  in  county  school  district. — On  July  1,  1922,  the  title  of  all 
school  house  sites,  school  buildings  and  all  other  school  property, 
bonds,  notes  and  mortgages  belonging  to  the  component  school 
districts  and  all  moneys  and  funds  belonging  to  the  various  funds 
of  the  component  districts  shall  be  and  is  hereby  vested  in  the 
county  school  district,  provided,  however,  that  the  title  to  the 
sixteenth  section  and  all  funds  derived  from  the  sale  of  the  six- 
teenth section  of  the  congressional  township  wherein  the  com- 
ponent school  districts  are  located  shall  remain  vested  in  the  said 


194  Revised  School  Laws. 

component  school  districts  to  the  credit  and  for  the  use  of  said 
districts.  All  indebtedness  of  the  component  districts  which 
shall  exist  on  March  1,  1921,  shall  be  assumed  by  the  county 
school  districts. 

Sec.  20.  Any  school  district  or  part  of  same  may  come  un- 
der county  unit — how. — Any  school  district  or  part  of  school 
district  within  the  boundary  of  the  county,  not  included  in  the 
county  school  district,  may  become  a  part  of  the  county  school 
district  by  a  majority  vote  of  the  qualified  voters  of  the  county 
school  district  as  well  as  by  a  majority  vote  of  the  school  district 
desiring  admittance  voting  thereon  at  an  election  of  both  the 
county  school  district  and  said  district. 

Sec.  20a.  Any  part  of  a  county  school  district  may  become  a 
part  of  a  high  school  district  or  a  consolidated  high  school  district 
—how. — Any  part  of  a  county  school  district  not  included  in  a 
high  school  district  or  a  consolidated  high  school  district  may  be- 
come a  part  of  a  high  school  district  or  a  consolidated  high  school 
district  by  a  majority  vote  of  the  qualified  voters  of  that  part  of 
the  county  school  district  desiring  admittance  as  well  as  the 
majority  vote  of  the  high  school  district  or  consolidated  high 
school  district  admitting  the  territory  voting  thereon  at  an  elec- 
tion of  both  the  part  of  the  county  school  district  desiring  ad- 
mittance and  the  high  school  district  or  consolidated  high  school 
district,  and  by  and  with  the  consent  of  the  county  school  board. 

Sec.  21.  Schools  for  colored  children — how  provided.— 
Free  public  schools  for  the  colored  children  of  school  age  in  each 
county  shall  be  provided  as  required  by  sections  11145  and  11146, 
Revised  Statutes  of  Missouri,  1919,  provided,  that  under  said 
sections  the  number  of  colored  children  of  school  age  shall  be 
considered  by  local  districts;  and  provided  further,  in  the  event 
that  the  number  of  colored  children  of  school  age  in  any  county 
school  district  is  not  sufficient  to  require  the  establishment  of  a 
separate  colored  school  in  said  county,  the  county  board  of  educa- 
tion shall  pay  the  actual  tuition  costs  of  any  such  colored  children 
in  any  colored  school  in  the  state  which  said  children  may  attend. 

Sec.  22.  Power  of  county  board. — The  county  board  of 
education  elected  at  the  special  election  in  August,  1921,  as  pro- 
vided in  section  11  of  this  act,  shall,  from  the  date  of  its  qualifica- 
tion, have  and  exercise  all  the  powers  enumerated  in  section  16 
of  this  act  in  so  far  as  they  relate  to  the  organization,  administra- 
tion, and  support  of  the  schools  for  the  school  year,  1922-23. 

Sec.  23.  Moneys  from  taxes — how  handled. — All  moneys 
collected  from  taxes  in  the  county  school  district  shall  be  paid 
into  the  county  treasury  to  the  credit  of  the  county  board  of 
education  and  shall  be  set  aside  to  the  credit  of  the  proper  funds. 
Such  moneys  shall  be  paid  out  only  on  proper  warrants  signed  and 
attested  by  the  president  and  secretary  of  the  county  board  of 


Revised  School  Laws.  195 

education.  Said  warrants  shall  be  in  the  same  form  as  now  pre- 
scribed by  law.  No  county  treasurer  shall  honor  any  warrant 
unless  it  be  in  proper  form  and  be  drawn  upon  the  appropriate 
fund,  and  each  and  every  warrant  shall  be  paid  from  its  appro- 
priate fund,  and  no  partial  payment  shall  be  made  on  any  war- 
rant nor  shall  interest  be  paid  upon  any  warrant. 

Sec.  24.  County  superintendent  and  assistants — duties 
prescribed  by  county  board. — The  county  superintendent  and 
assistants  shall  perform  such  duties  as  may  be  prescribed  by  the 
county  board  of  education  and  as  provided  by  law.  The  assis- 
tants of  the  county  superintendent  and  all  teachers  in  the  county 
school  district  shall  be  paid  monthly  by  warrants  drawn  on  the 
appropriate  fund  of  the  county  school  district.  The  county 
school  superintendent  shall  be  paid  as  now  provided  for  by  sec- 
tions 11352  and  11353  Revised  Statutes  1919. 

Sec.  25.  Local  school  board  to  submit  budget  to  county 
board. — The  local  school  board  shall  prepare  and  submit  to  the 
county  board  of  education  on  or  before  February  20th  of  each 
year  the  annual  school  budget  for  the  local  district.  Said  budget 
shall  contain  a  detailed  statement  of  the  financial  needs  of  the 
local  district  for  the  ensuing  school  year.  The  budget  shall 
always  include  the  amount  of  money  needed  for:  (a)  teachers' 
wages,  (b)  janitors'  wages,  (c)  clerk  hire,  (d)  building,  (e)  repairs, 
(f)  supplies  other  than  fuel,  (g)  fuel,  (h)  transportation  of  pupils 
if  needed,  (i)  contingent.  Provided,  that  when  such  budget  has 
been  approved  or  allowed  by  the  county  board  of  education,  the 
local  school  board  shall  have  full  authority  within  the  amount 
allowed  in  the  budget  to  employ  a  clerk  of  the  local  board,  hire 
the  janitor,  supply  fuel,  make  the  ordinary  repairs  and  purchase 
such  supplies  as  may  be  needed  other  than  textbooks,  library 
books  and  general  school  supplies  that  may  be  provided  by  the 
county  board.  Bills  for  such  expenditures  shall  be  rendered  to 
the  county  board  and  paid  from  the  incidental  fund  of  the  county 
school  district. 

Sec.  26.  Privileges  and  powers  of  local  school  districts  and 
boards. — Local  school  districts  and  local  school  district  boards 
shall  assume  all  the  privileges  and  powers  and  perform  all  the 
duties  under  the  present  law  given  to  school  districts,  and  to 
local  boards  of  directors,  except  such  as  are  specifically  given  in 
this  act  to  county  school  districts  and  to  county  boards  of  educa- 
tion. 

Sec.  27.  Districts  exempt. — Any  school  district  composed 
of  territory  lying  within  two  or  more  counties  at  the  time  of  the 
taking  effect  of  this  act  shall  be  exempt  from  the  provisions  of 
this  act. 

Sec.  27a.  Unconstitutionality  of  any  one  part  affects  no 
other. — If  any  section,  subsection,  sentence,  clause  or  phrase  of 


196 


Revised  School  Laws. 


this  act  is  for  any  reason  held  to  be  unconstitutional,  such  de- 
cision shall  not  affect  the  validity  of  the  remaining  portions  of 
this  act.  The  general  assembly  hereby  declares  that  it  would 
have  passed  this  act,  and  each  section,  subsection,  sentence, 
clause  and  phrase,  irrespective  of  the  fact  that  any  one  or  more 
of  the  same  shall  be  declared  unconstitutional. 

Sec.  28.     Repealing  inconsistent  acts. — All  acts  or  parts  of 
acts  inconsistent  with  this  act  are  hereby  repealed. 
Approved  March  24,  1921. 


(H.  B.  494.) 

REHABILITATION   OF   DISABLED   PERSONS. 

AN  ACT  to  accept  the  requirements  and  benefits  of  an  act  of  the 
congress  of  the  United  States  approved  June  2,  1920,  relat- 
ing to  vocational  rehabilitation  of  persons  disabled  in  in- 
dustry or  otherwise;  to  provide  for  the  proper  custody  and 
administration  of  moneys  received  by  the  state  from  appro- 
priations made  by  congress  for  such  purposes;  to  authorize 
the  state  board  for  vocational  education  to  carry  out  such 
provisions  of  said  act  and  to  provide  a  plan  of  co-operation 
with  the  Missouri  workmen's  compensation  commission. 


Sec. 

1.  Act  of  congress  accepted. 

2.  Duties  of  state  treasurer. 

3.  Duties  of  state  board  for  vocational  educa- 
cation. 


Sec. 

4.  Co-operation  with  what. 

5.  Board  may  receive  gifts — deposited  where 

— reports. 

6.  Emergency  clause. 


Be  it  enacted  bij  the  General  Assembly  of  the  State  of  Missouri,  as 
follows: 

Section  1.  Act  of  congress  accepted. — The  provisions  and 
benefits  of  the  act  of  congress,  entitled  "An  act  to  provide  for  the 
promotion  of  vocational  rehabilitation  of  persons  disabled  in 
industry  or  otherwise  and  their  return  to  civil  employment," 
approved  June  2,  1920  are  hereby  accepted. 

Sec.  2.  Duties  of  state  treasurer. — The  state  treasurer  is 
hereby  designated  and  appointed  custodian  of  all  moneys  re- 
ceived by  the  state  from  appropriations  made  by  the  congress 
of  the  United  States  for  the  vocational  rehabilitation  of  persons 
disabled  in  industry  or  otherwise,  and  is  authorized  to  receive 
and  provide  for  the  proper  custody  of  the  same  and  to  make 
disbursements  therefrom  upon  the  order  of  the  state  board  for 
vocational  education. 

Sec.  3.     Duties  of  state  board  for  vocational  education.— 

The  state  board  for  vocational  education  is  empowered  and  di- 
rected: (1)  to  co-operate  with  the  federal  board  for  vocational 
education  in  the  administration  of  the  provisions  of  said  act, 
approved  June  2,  1920;  (2)  to  prescribe  and  provide  such  courses 
of  vocational  training  as  may  be  necessary  for  the  vocational 


Revised  School  Laws.  197 

rehabilitation  of  persons  disabled  in  industry  or  otherwise;  (3) 
to  provide  for  the  supervision  of  such  training  and  appoint  such 
assistants  as  may  be  necessary  to  administer  said  act,  and  fix 
their  compensation;  (4)  to  direct  the  disbursement  and  administer 
the  use  of  all  funds  provided  by  the  federal  government  and 
allotted  for  the  vocational  rehabilitation  of  such  persons. 

Sec.  4.  Co-operation  with  what. — It  shall  be  the  duty  of  the 
state  board  for  vocational  education  to  formulate  a  plan  of  co- 
operation in  carrying  out  the  provisions  of  this  act  and  of  said 
act  of  congress,  with  Missouri  workmen's  compensation  com- 
mission. 

Sec.  5.  Board  may  receive  gifts — deposited  where — re- 
ports.— The  state  board  for  vocational  education  is  hereby 
authorized  and  empowered  to  receive  such  gifts  and  donations, 
either  from  public  or  private  sources,  as  may  be  offered  uncon- 
ditionally or  under  such  conditions  related  to  the  vocational 
rehabilitation  of  persons  disabled  in  industry  or  otherwise  and 
consistent  with  the  provisions  of  this  act.  All  moneys  received 
as  gifts  or  donations  shall  be  deposited  in  the  state  treasury  and 
shall  constitute  a  permanent  fund  to  be  called  the  special  fund 
for  the  vocational  rehabilitation  of  disabled  persons,  to  be  used 
by  the  said  board  to  defray  the  expenses  of  vocational  rehabilita- 
tion in  special  cases,  including  the  payment  of  necessary  expenses 
of  persons  undergoing  training.  A  full  report  of  all  gifts  and 
donations  offered  and  accepted,  together  with  the  names  of  the 
donors  and  the  respective  amounts  contributed  by  each,  and  all 
disbursements  therefrom  shall  be  submitted  biennially  to  the 
general  assembly. 

Sec.  6.  Emergency  clause. — On  account  of  there  being 
many  persons  in  the  state  needing  vocational  rehabilitation, 
and  that  there  are  now  federal  funds  available  for  the  purpose 
an  emergency  exists  within  the  meaning  of  the  Constitution; 
therefore  this  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage  and  approval. 

Approved  April  7,   1921. 


[H.  B.   515.] 

PROVISION  FOR  PHYSICIAL   EDUCATION. 

AN  ACT  to  provide  for  the  physical  education,  including  the 
inculcation  of  health  habits,  the  making  of  periodical  physical 
tests  or  examinations  and  the  recording  and  reporting  of  the 
findings  of  the  same  and  to  promote  the  correction  of  physical 
defects  and  impairments  thus  found,  of  all  children  in  the 
public  schools  and  in  all  educational  institutions  supported 
in  whole  or  in  part  by  the  state,  to  promote  the  teaching  of 
personal  and  school  hygiene  and  sanitation  in  the  schools, 
to  promote  playground  activities,  health  supervision  and 
nurse  service,  to  promote  the  general  physical  welfare  and 


198 


Revised  School  Laws. 


to  secure  the  proper  control  of  competitive  school  athletics 
and  to  provide  for  a  state  director  and  deputy  directors  and 
advisors  of  physical  education  and  assistants  and  other 
employes  and  to  provide  for  supervisors  of  physical  educa- 
tion, and  of  health  and  for  school  nurses  in  certain  school 
districts  and  educational  institutions,  to  authorize  the 
raising  of  funds  to  carry  out  the  provisions  of  this  act  and 
to  regulate  the  expenditure  of  the  same. 


Sec. 

1.  State  superintendent  to  adopt  rules  and 

regulations — compile    and    print    man- 
ual— appoint  director. 

2.  Duty   of  teacher-training   institutions   — 

deputy  directors,  etc. 

3.  Teacher  must  furnish  health  certificate. 


Sec. 

4.  Rights    granted   county,    city,    and   town 

school  boards  employing  thirty  or  more 
teachers. 

5.  Empowered  to  raise  funds — for  what. 

6.  Provisions  of  act,  how  carried  out. 


Be  it  enacted  by  the  General  Assembly  bj  the  State  of  Missouri,  as 
follows: 

Section  1.  State  superintendent  to  adopt  rules  and  regula- 
tions— compile  and  print  manual — appoint  directors. — To  pro- 
mote the  physical  development  of  boys  and  girls  in  our  public 
schools,  and  the  correction  of  their  physical  defects  and  impair- 
ments, to  secure  proper  health  habits  and  to  secure  scientific 
sanitation  in  the  schools,  the  state  superintendent  of  public 
schools  is  hereby  authorized  and  directed: 

(1)  To  adopt  and  promulgate  such  rules  and  regulations 
as  he  may  deem  necessary  to  secure  courses  in  physical  education 
to  all  pupils  and  students  in  all  public  schools  and  in  all  educa- 
tional institutions  supported  in  whole  or  in  part  by  the  state; 

(2)  To  compile  and  print  a  manual  of  physical  education 
and  health  supervision  and  school  nurse  service  to  be  distributed 
for  use  by  the  teachers,  supervisors  of  physical  education,  school 
health  supervisors  and  school  nurses  of  the  state; 

(3)  To  appoint  a  state  director  of  physical  education  who 
shall,  under  the  direction  of  the  state  superintendent  of  public 
schools,  see  that  all  rules  and  regulations  relating  to  physical 
education,    health    habits,    school    sanitation    and    playground 
activities    and    athletics  are  carried  out,  and  to  authorize  such 
expenditures  for  travel  as  he  may  deem  necessary  to  carry  out 
the  provisions  of  this  act. 

Sec.  2.  Duty  of  teacher-training  institutions — deputy  direc- 
tors, etc. — All  teacher-training  institutions  shall  provide  courses 
in  physical  education  for  the  proper  preparation  of  teachers  to 
carry  out  the  state  rules  and  regulations  under  this  act.  To 
carry  out  the  provisions  of  this  section,  each  of  the  directors  of 
physical  education  of  the  five  state  teachers'  colleges,  the  school 
of  education  of  the  university  of  Missouri,  and  Lincoln  institute 
shall  be  known  as  a  deputy  state  director  of  physical  education 
and  who  shall  co-operate  with  the  state  director  of  physical 
education  in  promoting  physical  education  generally,  and  in 


Revised  School  Laws.  199 

proper  control  of  competitive  athletics  in  both  elementary 
and  secondary  schools  as  may  choose  to  adopt  the  provisions 
of  this  act.  Each  of  the  five  state  teachers'  colleges  shall  under 
the  administration  of  the  deputy  state  director  of  physical 
education  provide  extension  service  of  properly  trained  and 
qualified  field  advisors  for  the  teachers  and  others  engaged  in 
carrying  out  the  provisions  of  this  act  within  their  several 
territorial  jurisdictions,  such  jurisdictions  to  be  established  and 
co-ordinated  by  the  state  director  of  physical  education  by  and 
with  the  advice  and  approval  of  the  state  superintendent  of 
public  schools. 

Sec.  3.  Teacher  must  furnish  health  certificate. — No 
teacher  shall  be  employed  to  teach  in  the  schools  of  Missouri 
who  has  not  furnished  a  certificate  by  a  reputable  physician, 
showing  said  teacher  to  be  in  good  health  and  free  from  any 
contagious  disease  at  the  time  the  certificate  is  granted. 

Sec.  4.  Rights  granted  county,  city,  and  town  school 
boards  employing  thirty  or  more  teachers. — Each  county,  city 
and  town  school  board  employing  thirty  of  more  teachers  may 
employ  a  supervisor  of  physical  education  whose  qualifications 
for  service  shall  be  established  by  the  state  superintendent  of 
public  schools,  for  the  schools  under  its  jurisdiction,  who  shall, 
under  the  direction  of  the  county,  city  or  town  superintendent 
of  schools,  respectively,  participate  in  making  periodical  physical 
examination  of  all  school  children,  such  physical  examination 
to  be  conducted  as  provided  in  section  5775  of  the  Revised 
Statutes  of  Missouri,  1919,  which  provides  for  the  physical  in- 
spection of  school  children  in  public  schools  of  the  state,  super- 
vise the  teaching  of  all  subjects  related  to  physical  education 
and  the  physical  well-being  of  the  children  under  his  charge, 
direct  the  supervised  play  and  gymnastics  in  the  schools  and 
control  school  athletics.  Each  supervisor  of  physical  education 
shall  keep  systematic  records  of  the  findings  of  all  physical  tests 
or  examinations  and  shall  prepare  and  forward  such  true  and 
exact  copies  of  the  same  to  the  state  director  of  physical  education 
as  he  may  demand,  who  shall  compile  and  report  the  findings  of 
the  physical  examination  to  the  state  superintendent  of  public 
schools  with  his  recommendations.  Each  supervisor  of  physical 
education  shall  also  report  the  findings  of  the  physical  examina- 
ation  of  any  child  to  its  parent  or  guardian  and  may  make  such 
recommendations  to  promote  the  correction  of  defects  or  the 
amelioration  of  impairments  as  is  deemed  necessary.  County, 
city  and  town  school  boards  employing  thirty  or  more  teachers 
may  employ,  or  otherwise  provide  or  secure  the  service  of,  a 
supervisor  ol  h<  alth  and  of  one  or  more  school  nurses,  who  shall 
serve  under  the  administration  of  the  county,  city  or  town 
superintendent  of  schools  as  the  case  may  be  or  under  the  super- 
visor of  physical  education  if  so  delegated  by  the  school  super- 
intendent|jn  charge;  provided  that  in  case  the  superv 


200  Revised  School  Laws. 

physical  education  is  qualified  to  perform  the  duties  of  supervisor 
of  health,  he  may  perform  the  duties  of  both  offices.  These 
provisions  shall  apply  alike  to  schools  for  white  children  and  for 
colored  children.  It  is  provided  that  this  act  shall  not  be  con- 
strued to  require  any  school  child  to  undergo  private  examination 
or  medical  treatment  recommended  by  the  supervisor  of  physical 
education,  or  health  supervisor,  or  by  any  other  person  who  may 
have  conducted  the  physical  examination  of  the  school  child, 
without  the  consent  of  its  parent  or  guardian. 

Sec.  6.  Empowered  to  raise  funds — for  what. — To  carry 
out  the  provisions  of  this  act,  county,  city  and  town  school 
boards  employing  such  supervisor  of  physical  education  or 
supervisor  of  health,  are  hereby  empowered  to  raise  funds  and 
to  expend  the  same  as  for  other  lawful  purposes.  Coming  within 
the  provisions  of  this  section  of  this  act  is  meant  to  be  included 
the  authority  to  purchase  such  books,  printed  matter,  apparatus 
— including  weighing  scales,  instruments  and  other  necessary 
appliances  and  supplies  as  may  be  designated  by  the  state  director 
of  physical  education  acting  under  the  state  superintendent  of 
public  schools. 

Sec.  6.     Provisions  of  act — how  carried  out. — All  of  the 

provisions  of  this  act,  in  so  far  as  they  pertain  to  public  health 
as  set  forth  in  section  5775  of  the  Revised  Statutes  of  Missouri, 
1919,  shall  be  carried  out  with  the  advice  and  co-operation  of 
the  state  commissioner  of  health  or  other  authorized  executive 
officer  of  the  state  board  of  health. 

Sec.  6a.  Act  does  not  apply  where  there  is  no  state  aid.— 
Provided  that  the  provisions  of  this  act  shall  not  apply  to  colleges 
and  institutions  of  learning  which  do  not  receive  state  aid. 

Approved  April  8,  1921. 


(H.  B.  521.) 

MISSOURI   SCHOOL  FOR   THE   BLIND   AND  MISSOURI 

SCHOOL   FOR   THE  DEAF  CLASSED  AS 

EDUCATIONAL  INSTITUTIONS. 

An  act  classifying  the  "Missouri  school  for  the  blind"  at  Saint 
Louis  and  the  "Missouri  school  for  the  deaf"  at  Fulton  as 
educational  institutions  of  the  state  of  Missouri;  vesting 
the  government  of  each  of  said  schools  in  a  board  of  managers, 
providing  for  the  organization  of  such  boards  of  managers, 
the  terms  and  compensation  of  the  members  thereof,  and 
prescribing  the  powers  and  duties  of  said  boards  of  managers, 
and  the  powers  and  duties  of  the  officers  of  said  boards  of 
managers;  providing  for  the  selection  and  appointment  of 
officers  and  employees  of  said  schools,  and  fixing  their  quali- 
fications; prescribing  the  conditions  and  requirements  for 
admission  of  pupils  to  said  schools  and  the  procedure  there- 
for; providing  for  the  payment  of  expenses  in  such  schools 


Revised  School  Laws. 


201 


of  pupils  whose  parents  or  guardians  are  unable  to  pay 
such  expense;  defining  the  object  of  the  "Missouri  school  for 
the  deaf"  and  the  character  and  course  of  study  of  the  "Mis- 
souri school  for  the  blind." 


Sec. 

1.  Classed  and  conducted — how. 

2.  Governed  how — board  appointed  when — 
term  of  office,  etc. 

3.  Duties    of   board   and   superintendent — 
salaries  and  wages. 

4.  Qualification  of  superintendent  —  take 
oath. 

5.  Meeting  of  board — purpose. 

6.  Reports. 

7.  Duties  of  treasurer. 

8.  Duties  of  steward. 

9.  Who  may  attend  these  schools. 

10.  Manner    of    admission — expenses,     how 
paid. 

11.  Duty  of  physician  and  oculist. 

12.  Course  of  study. 


Sec. 

13.  Blind  person  may  attend  school  granting 
degrees — how. 

14.  Qualification  of  reader  for  blind  student. 

15.  Money  to  assist  such  blind  student  ob- 
tained, how. 

16.  Object  of  deaf  school. 

17.  Organization  of  board. 

18.  Property  of  these  schools  controlled  how. 

19.  Salary  of  board  members — paid  how. 

20.  Duties  of  president  of  board — quorum. 

21.  Itemized  statement  of  supplies  furnished. 

22.  Purchases  made  for  either  school,  how. 

23.  Who  are  barred  from  furnishing  supplies 
— penalty. 

24.  Who  are  barred  from  dealing  in  furniture, 
etc.,  used  in  said  schools — penalty. 


Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri,  as 

follows: 

Section  1.  Classed  and  conducted — how. — The  "Missouri 
school  for  the  blind"  at  Saint  Louis,  and  the  "Missouri  school 
for  the  deaf"  at  Fulton  shall  be  regarded,  classed  and  conducted 
wholly  as  educational  institutions  of  the  state. 

Sec.  2.  Governed  how — board  appointed  when — term  of 
office,  etc. — The  government  of  each  of  these  schools  shall  be 
vested  in  a  board  of  managers,  composed  of  five  members, 
appointed  by  the  governor  with  the  consent  of  the  senate.  The 
members  of  said  board  shall  be  appointed  on  or  before  the  first 
day  of  February,  in  the  odd  numbered  years,  by  twos  and  threes, 
as  may  be  required  for  each  of  said  boards,  and  they  shall  hold 
their  office,  respectively,  for  the  term  of  four  years,  and  until 
their  successors  are  appointed  and  qualified.  After  such  appoint- 
ments have  been  made  and  have  been  approved  by  the  senate, 
the  secretary  of  state  shall  notify  such  persons  of  their  appoint- 
ments. 

Sec.  3.  Duties  of  board  and  superintendent — salaries  and 
wages. — The  board  of  managers  of  each  of  said  schools  shall 
elect  the  superintendent  and  all  teachers  and  officers  of  said 
school  and  prescribe  the  number  to  be  employed  therein,  and 
fix  their  terms  of  office  and  the  amount  of  compensation  for  their 
services.  The  superintendent  shall  have  the  power  to  employ 
all  foremen,  employees,  supervisors,  mechanics,  servants  and 
other  persons  not  otherwise  provided  for  and  shall  have  the  power 
to  discharge  the  same  at  his  pleasure:  Provided,  that  the  board 
shall  have  first  designated  the  number  of  employees  and  their 
wages;  and  provided  further  that  nothing  herein  shall  prohibit 
the  board  from  discharging  any  employee  when  they  may  deem 
it  for  the  interest  of  the  school  so  to  do.  The  salaries  and  wages 


202  Revised  School  Laws. 

due  officers,  teachers  and  employees  of  these  schools  shall  be 
allowed  and  paid  monthly.  The  superintendent  and  matron 
of  each  school  shall  reside  therein. 

Sec.  4.     Qualification  of  superintendent — take  oath. — The 

superintendent  of  each  of  these  schools  shall  be  a  teacher  of 
knowledge,  skill  and  ability  in  his  profession;  and  of  experience 
in  the  management  and  instruction  of  the  blind  and  deaf,  re- 
spectively. He  shall  possess  good  executive  ability,  and  shall 
be  the  chief  executive  officer  of  his  school.  Before  entering  upon 
the  duties  as  superintendent  he  shall  take  an  oath  or  affirmation 
that  he  will  diligently,  faithfully  and  impartially  discharge  all 
the  duties  required  of  him  by  law. 

Sec.  5.  Meeting  of  board — purpose. — The  board  of  manag- 
ers of  each  school  shall  meet  once  a  month  to  receive  the  monthly 
reports  of  the  superintendent  and  treasurer,  and  to  transact 
such  business  as  may  be  brought  before  them. 

Sec.  6.  Reports. — The  board  of  each  school  shall  make 
detailed  reports  biennially  to  the  general  assembly  of  their  pro- 
ceedings, the  condition  of  the  school,  the  number  of  pupils,  and 
other  facts  connected  with  the  school,  including  the  exact 
receipts  and  expenditures  of  the  board,  accompanied  by  the 
biennial  reports  of  the  superintendent,  treasurer,  and  such  other 
reports  as  the  board  may  deem  necessary. 

Sec.  7.  Duties  of  treasurer. — There  shall  be  a  treasurer 
of  each  school,  appointed  by  the  board  of  managers  of  the  school, 
who  shall  give  bond  for  the  faithful  performance  of  his  duties  in 
such  sum,  and  with  such  sureties,  as  shall  be  required  by  the 
board.  He  shall  have  the  custody  of  all  moneys,  obligations 
and  securities  belonging  to  the  school,  and  shall  make  payment 
on  such  warrants  and  orders  as  prescribed  by  the  board.  He 
shall  submit  to  the  board  each  month  a  statement  of  moneys 
received  and  a  list  of  the  warrants,  orders  or  checks  paid  by  him 
the  past  month,  giving  the  names  of  all  persons  to  whom  such 
payments  were  made.  The  treasurer  shall  reside  in  the  city 
in  which  the  school  is  located. 

Sec.  8.  Duties  of  steward. — One  of  the  officers  of  the  school 
for  the  deaf  shall  be  a  steward,  who  shall  be  the  purchasing 
agent  of  the  institution,  and  shall  make  all  purchases,  under  the 
direction  of  the  board  and  the  superintendent.  He  shall  also, 
under  the  direction  of  the  superintendent,  have  charge  of  all 
the  outside  work  about  the  school,  such  as  the  farm,  garden, 
dairy,  etc.  The  board  shall  designate  in  their  rules  and  regula- 
tions such  articles  as  may  be  purchased  for  cash,  and  may 
authorize  the  steward  each  month  to  check  on  the  treasurer 
in  payment  for  such  articles  as  the  steward  may  be  authorized 
to  purchase  for  cash;  provided  that  all  checks  so  given  by  the 
steward  shall  be  accompanied  by  an  itemized  account  for  the 
amount  for  which  the  check  is  given,  certified  to  be  correct  by 


Revised  School  Laws.  203 

the  steward,  such  account  to  be  receipted  by  the  payee  named 
in  this  check,  and  to  be  retained  by  the  treasurer,  together  with 
the  check,  as  his  voucher.  The  steward  shall  keep,  and  submit 
at  each  regular  meeting  of  the  board  an  accurate  account  of  all 
purchases  and  expenditures  of  each  kind  made  for  the  school  by 
him,  and  classify  the  articles  purchased,  so  as  to  show  each  month 
the  quantity  and  cost  of  each  article  purchased.  Before  enter- 
ing upon  the  duties  of  his  office,  he  shall  give  bond  for  the  faith- 
ful performance  of  his  trust,  in  such  sum  and  with  such  securities 
as  the  board  may  approve,  such  bond  not  to  be  less  than  three 
thousand  dollars. 

Sec.  9.  Who  may  attend  these  schools. — All  blind  and  deaf 
persons  under  twenty-one  (21)  years  of  age,  of  suitable  mental 
and  physical  capacity,  who  are  residents  of  this  state,  shall  be 
entitled  to  admission  to  the  school  for  the  blind  and  the  school 
for  the  deaf,  respectively.  All  admissions  and  discharges,  and 
the  length  of  the  period  of  instruction  of  each  pupil,  shall  be 
determined  by  the  board  of  managers. 

Sec.  10.  Manner  of  admission — expenses,  how  paid.— 
Whenever,  upon  petition  of  any  person,  and  satisfactory  evi- 
dence adduced  to  the  county  court  of  this  state  that  there  is  a 
blind  or  deaf  person  residing  in  any  county,  and  such  person  is 
entitled  to  the  advantages  of  the  Missouri  school  for  the  blind 
or  the  Missouri  school  for  the  deaf,  and  the  parents  or  guardians 
of  such  persons  are  unable  to  pay  the  expenses  of  such  person  at 
his  proper  school,  the  county  court  shall  order  him  or  her  sent 
to  the  proper  school,  at  the  expense  of  the  county  for  his  cloth- 
ing and  traveling  expenses. 

Sec.  11.  Duty  of  physician  and  oculist. — It  is  hereby  made 
the  duty  of  the  board  of  managers  to  have  the  eyes  of  every 
pupil  who  may  be  admitted  into  the  school  for  the  blind  care- 
fully examined  by  the  physician  and  oculist  of  the  said  school, 
and  if  upon  examination  by  such  physician  and  oculist  it  shall 
appear  that,  by  medical  treatment  or  by1  surgical  operation,  the 
sight  may  be  improved  or  restored,  he  shall,  with  the  consent  of 
the  board,  and  with  the  further  consent  of  the  parents  or  guardian 
of  such  pupil,  when  it  is  practicable  to  obtain  such  consent, 
institute  such  medical  treatment  or  perform  such  surgical  oper- 
ation as  in  the  judgment  may  be  deemed  practicable  and  advis- 
able; and  if  such  treatment  or  operation  shall  prove  successful, 
the  pupil  shall  be  discharged  from  said  school  as  soon  thereafter 
as  may  be  thought  prudent, 

Sec.  12.  Course  of  study. — The  course  of  study  in  all 
institutions  for  the  instruction  of  the  blind  now  organized,  or 
which  may  hereafter  be  organized,  under  the  laws  of  this  state 
shall  be  of  such  character  as  to  qualify  a  student  graduating  from 
any  such  school  to  admission  in  any  of  the  higher  institutions 
of  learning  in  this  state. 


204  Revised  School  Laws. 

Sec.  13.  Blind  person  may  attend  school  granting  de- 
grees.— Whenever  a  blind  person  who  is  a  citizen  of  this  state 
and  a  pupil  in  actual  attendance  at  a  college,  university,  technical 
or  professional  school  located  in  this  state  and  authorized  by 
law  to  grant  degrees,  other  than  an  institution  established  for 
the  regular  instruction  of  the  blind,  shall  be  designated  by  the 
county  court  of  his  respective  county  as  a  fit  person  to  receive 
the  aid  hereinafter  provided  for,  there  shall  be  paid  by  the  state 
for  the  use  of  such  pupil,  the  sum  of  three  hundred  dollars  per 
annum  with  which  to  employ  a  person  or  persons  to  read  to  such 
pupil  from  textbooks  and  pamphlets  used  by  such  pupil  in  his 
studies  at  such  college,  university  or  school. 

Sec.    14.     Qualification   of   reader   for  blind   student. — If 

possible,  the  person  selected  as  a  reader  for  such  blind  pupil  shall 
be  a  person  who,  in  the  judgment  of  the  superintendent  of  such 
institution,  shall  be  deemed  worthy  of  the  assistance  in  pursuing 
his  school  work  which  the  remuneration  provided  for  in  this 
article  will  accord  to  him. 

Sec.  15.     Money  to  assist  such  blind  student  obtained,  how. 

Such  moneys  shall  be  paid  monthly  out  of  the  general  revenue 
fund  of  the  state,  after  the  beginning  of  the  school  year  of  such 
institution,  by  the  treasurer  of  the  state,  on  the  warrant  of  the 
state  auditor  to  the  treasurer  of  such  institution  upon  his  pre- 
senting an  account  showing  the  actual  number  of  blind  pupils 
matriculated  and  attending  the  institution, — which  account  shall 
be  verified  by  the  president  of  the  institution,  and  which  shall 
be  accompanied  by  a  certificate  from  the  county  court  of  the 
county  of  which  said  blind  pupils  are  residents;  which  certi- 
ficates shall  state  that  a  petition  has  been  filed  with  said  county 
court  and  satisfactory  evidence  adduced  that  the  blind  pupil 
seeking  the  benefit  of  this  article  is  a  resident  of  said  county, 
and  that  neither  said  blind  student  nor  his  parents  or  guardian 
are  able  to  pay  the  expense  of  providing  a  reader  at  such  School. 

Sec.  16.  Object  of  deaf  school. — The  object  of  the  school 
for  the  deaf  shall  be  to  educate  this  class  of  persons  in  the  use 
of  written  and  spoken  language,  the  elementary  branches  and 
in  mechanical  trades  and  industrial  pursuits.  Such  training 
shall  be  given  in  such  trades  as  shall  fit  the  deaf  boy  or  girl  for 
the  practical  duties  of  life,  and  shall  tend  to  render  them  self- 
supporting.  The  trades  to  be  taught  shall  be  such  as  the  board 
of  managers  and  the  superintendent  shall  deem  the  most  suit- 
able to  the  school  conditions  and  the  needs  of  the  pupils. 

Sec.  17.  Organization  of  board. — The  board  of  managers 
of  each  of  these  two  schools  shall  organize  at  the  regular  meeting 
of  the  board,  held  in  March  of  each  odd  numbered  year,  by 
electing  one  of  their  number  president,  and  also  a  secretary,  who 
may  or  may  not  be  one  of  their  number:  Provided  that  in  either 
school  that  employs  a  secretary  or  bookkeeper,  such  secretary 


Revised  School  Laws.  205 

or  bookkeeper  shall  be  secretary  of  the  board  of  managers 
thereof. 

Sec.  18.     Property  of  these  schools  controlled,  how. — The 

board  of  managers  of  each  school  shall  have  the  care  and  control 
of  all  the  property,  real  and  personal,  owned  by  such  school, 
and  the  title  to  all  real  estate  or  personal  property  now  owned 
by  such  school,  or  by  the  state  for  its  use,  or  that  may  hereafter 
be  purchased  by  or  donated  to  such  school  shall  be  vested  in 
such  board  of  managers  of  the  respective  schools,  for  the  use 
and  benefit  of  the  said  school.  The  board  of  managers  of  either 
school  shall  not  sell  or  in  any  manner  dispose  of  any  real  estate 
belonging  to  the  school  without  an  act  of  the  general  assembly 
authorizing  such  sale  or  disposal  of  such  real  estate.  The  boards  of 
managers  shall  provide  their  repective  schools  with  an  official  seal. 

Sec.    19.     Salary    of    board    members — paid    how. — The 

members  of  boards  of  managers  of  said  schools  herein  provided 
for  shall  each  receive  as  compensation  for  their  services  a  salary 
of  one  hundred  dollars  per  annum,  unless  otherwise  provided  by 
law,  and  their  actual  traveling  expenses  when  nonresidents  of 
the  county  where  the  school  is  located.  Such  sums  shall  be  paid 
quarterly  out  of  the  maintenance  funds  of  their  respective  schools: 
Provided,  that  for  every  regular  monthly  meeting  any  member 
may  be  absent,  whether  with  or  without  an  excuse,  he  shall 
forfeit  five  dollars,  which  shall  be  deducted  from  his  salary  for 
that  quarter. 

Sec.    20.     Duties    of   president    of    board — quorum. — The 

president  of  each  board  of  managers  shall  preside  over  meetings, 
and  shall  see  that  all  matters  of  business  pertaining  to  the  school 
are  faithfully  and  accurately  recorded  by  the  secretary.  He 
shall  sign  all  requisitions  on  the  state  auditor  or  other  officer 
for  the  payment  of  money  to  said  school,  'and  all  warrants  or 
orders  on  the  treasurer  of  the  school  for  the  payment  of  any  money 
belonging  or  appropriated  to  such  school:  Provided  that  he 
shall  sign  no  requisition  on  the  state,  and  no  warrant  or  order 
for  the  payment  of  money  for  the  use  of  the  school,  until  such 
requisition  shall  have  been  ordered  by  the  board,  or  the  account 
for  which  such  warrant  or  order  is  given  shall  have  been  allowed 
by  the  board.  Three  members  shall  constitute  a  quorum  for 
the  transaction  of  business  of  the  board. 

Sec.  21.  Itemized  statement  of  supplies  furnished. — The 
board  of  managers  of  each  school  shall,  at  each  monthly  meeting, 
require  the  chief  officer  or  manager  of  such  school  to  furnish  to 
the  board  an  itemized  statement  of  all  necessary  supplies  of 
provisions,  clothing,  furniture  and  other  things  necessary  for 
running  such  institution  for  the  next  succeeding  month,  and  if 
the  board  is  satisfied,  after  examining  the  same,  that  such 
articles,  or  any  part  thereof,  are  necessary,  they  shall  make  an 
order  of  record  in  the  minutes,  allowing  the  same. 


206  Revised  School  Laws. 

Sec.  22.  Purchases  made  for  either  school,  how. — All  pur- 
chases for  either  school  shall  be  at  the  lowest  price,  and  to  this 
end  the  board  of  managers  of  such  school  shall  require,  as  far  as 
practicable,  all  purchases  to  be  made  from  the  lowest  bidder, 
and  shall  invite  competition  by  requiring  its  purchasing  agent 
to  notify  leading  dealers  in  the  articles  to  be  purchased  of  the 
quantity  wanted  and  when  to  be  delivered,  such  notices  to  be 
sent  to  all  leading  dealers  in  the  town  where  the  school  is  located, 
and  also  to  dealers  in  such  articles  as  are  wanted  in  any  city  in 
the  state  where  such  articles  are  purchased  for  the  ordinary 
trade  of  the  town  where  the  school  is  located.  The  board  shall 
furnish  to  its  purchasing  agent  or  officer  who  has  charge  of  this 
business  suitable  blanks,  designating  the  articles  wanted  and 
the  time  they  are  to  be  delivered.  All  bids  for  such  articles 
shall  be  made  for  the  articles  delivered  at  the  school  free  of  any 
charge  for  freight  or  expressage.  Whenever  any  dealer  in  such 
article  or  articles  as  may  be  wanted  by  either  school  shall  re- 
quest the  board,  or  any  officer  of  the  school,  to  furnish  such 
dealer  with  such  notice,  such  purchasing  agent  shall  mail  to  such 
dealer  such  notice,  and  his  bid  shall  be  considered  with  others 
before  purchase  is  made.  At  each  monthly  meeting,  the  office 
or  agent  whose  duty  it  is  to  make  such  purchases  shall  lay  before 
the  board  all  bids  received  by  him,  and  contracts  made  for  such 
supplies  as  he  may  have  purchased,  and  the  accounts  for  the 
same  shall  be  allowed  and  warrants  ordered  therefor  at  the  next 
meeting  of  the  board:  Provided,  such  articles  shall  have  been 
delivered  and  received  by  such  agent  or  officer  according  to  the 
contract  therefor:  Provided  that  nothing  in  this  article  shall 
prohibit  any  board  from  making  contracts  for  a  longer  time  than 
one  month. 

Sec.  23.  Who  are  barred  from  furnishing  supplies — 
penalty. — If  any  member  of  the  board  of  managers,  or  any 
officer  or  employee  of  either  school  shall  be,  directly  or  indirectly, 
interested  in  any  contract  for  any  supplies  in  any  quantity  or 
of  any  kind  to  be  furnished  said  school,  or  any  work  of  any  class 
or  kind  to  be  done  upon  or  about  said  school,  or  on  the  property 
or  premises  appurtenant  thereto,  he  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof,  shall  be  punished 
by  a  fine  not  exceeding  two  hundred  dollars  or  by  imprisonment 
in  the  county  jail  not  exceeding  six  months,  or  by  both  such 
fine  and  imprisonment. 

Sec.  24.  Who  are  barred  from  dealing  in  furniture,  etc., 
used  in  said  schools — penalty. — No  president,  professor,  teacher, 
regent,  trustee,  or  other  officer  or  employee  of  the  Missouri 
school  for  the  deaf  or  the  school  for  the  blind  shall  keep  for  sale 
or  be  interested  in,  directly  or  indirectly,  the  sale  or  exchange  or 
any  school  furniture  or  apparatus,  books,  maps,  charts  or 
stationery  used  in  said  school;  and  any  one  of  the  above  named 
persons  found  to  be  so  interested  shall,  upon  conviction  thereof, 


Revised  School  Laws. 


207 


be  punished  by  a  fine  not  exceeding  two  hundred  dollars  or    by 
imprisonment  in  the  county  jail  not  exceeding  six  months,  or 
by  both  such  fine  and  imprisonment. 
Approved  March  28,  1921. 

[H.  B.  383.1 

ESTABLISHING  COUNTY  LIBRARY  DISTRICTS  AND 
FREE  COUNTY  LIBRARIES. 

An  act  to  provide  for  establishing  county  library  districts  and 
to  establish  and  maintain  free  county  libraries,  including 
branch  libraries  for  the  inhabitants  of  such  district;  to  em- 
power such  districts  to  become  bodies  corporate,  to  sue 
and  be  sued,  to  buy  or  lease  grounds  and  erect  buildings  for 
library  purposes,  to  receive  real  estate  and  personal  property, 
and  to  sell  and  convey  property  for  such  purposes;  to  levy 
taxes  creating  a  county  library  fund  and  a  library  build- 
ing fund;  to  appoint  county  library  boards  for  such  dis- 
tricts, and  define  duties  and  powers  of  such  boards  and  dis- 
tricts, and  to  empower  bodies  having  control  of  libraries 
to  contract  with  such  county  library  boards. 


Sec. 

1.  County  library  districts  and  free  libraries 
established,  how. 

2.  Library  board — how  appointed — term  of 
office — duties. 

3.  Powers  of  county  library  board. 

4.  May  make  contracts  with  other  libraries — 
how — report — when. 

5.  Who  are  exempt  from  taxation  for  a  free 
county  library. 


Sec. 

6.  Incorporated  city  or  town  may  become  a 
part  of  free  county  library  system  or  with- 
draw— how. 

7.  May  erect  a  free  county  library  building — 
how. 

8.  Librarians  must  attend  meetings. 

9.  Kind  of  service  given. 

10.  Duty  of  the  secretary  of  the   Missouri 
library  commission. 


Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri,  as 

follows: 

Section  1.  County  library  districts  and  free  libraries 
established,  how. — Whenever  one  hundred  (100)  taxpaying 
citizens  of  any  county,  outside  of  the  territory  of  all  cities  and 
towns  now  or  hereafter  maintaining,  at  least  in  part  by  taxation, 
a  public  library,  shall  in  writing  petition  the  county  court,  ask- 
ing that  a  county  library  district  of  the  county,  outside  of  the 
territory  of  all  such  aforesaid  cities  and  towns,  be  established 
and  be  known  as  "—  —county  library  district,"  and 

asking  that  an  annual  tax  be  levied  for  the  purpose  herein 
specified,  and  shall  specify  in  their  petition  a  rate  of  taxation 
not  to  exceed  two  mills  on  the  dollar,  then  the  county  court  shall, 
if  it  finds  said  petition  was  signed  by  the  requisite  number  of 
qualified  petitioners,  enter  a  record  a  brief  recital  of  such  peti- 
tion, including  a  description  of  such  proposed  county  library 
district,  and  of  its  finding  aforesaid;  and  shall  order  that  the 
propositions  of  such  petition  be  submitted  to  the  voters  of  such 
proposed  district  at  the  next  annual  election  to  be  held  the  first 
Tuesday  in  April;  and  that  the  clerk  of  the  county  court  shall 
cause  to  be  published  the  proposition  or  propositions  of  such 


208  Revised  School  Laws. 

petition;  and  said  county  clerk  shall  cause  said  proposition  or 
propositions  to  be  published  in  like  manner,  as  near  as  may  be, 
with  the  publication  of  "the  nominations  to  office,"  as  provided 
in  section  4819  of  Revised  Statutes  of  Missouri,  1919.  Such 
order  of  court  and  such  notice  shall  specify  the  name  of  the  county 
and  the  rate  of  taxation  mentioned  in  said  petition,  and  such 
county  clerk  shall  make  and  file  in  his  office  return  of  service 
of  such  notice;  and  every  voter  within  such  proposed  county 
library  district  may,  in  his  proper  district,  vote  "for  establish- 
ing— —county  library  district,"  or  "against  establish- 
ing— —county  library  district,"  and  may  vote  "for 

—mills  tax  for  a  free  county  library,"  or  "against— 
mills  tax  for  a  free  county  library:"  Provided,  that  in  case  the 
boundary  limits  of  any  city  or  town  hereinabove  mentioned  are 
not  the  same  with  the  school  district  of  such  city  or  town,  and 
such  school  district  embraces  territory  outside  the  boundary 
limits  of  such  city  or  town,  then  all  voters,  otherwise  qualified 
and  residing  in  such  school  district  and  outside  the  limits  of  such 
city  or  town,  shall  be  eligible  to  vote  on  any  proposition  or  matter 
of  such  library  district,  submitted  to  the  voters  at  such  election, 
and  may  cast  a  vote  thereon,  at  the  nearest  and  most  con- 
venient district  school  house  within  said  county  library  district. 
And  if,  from  returns  of  such  election,  which  shall  be  certified  to 
the  county  court,  the  majority  of  all  the  votes  cast  on  such 
propositions  at  such  election  shall  be  "for  establishing— 
county  library  district,"  and  for  the  tax  for  a  free  county  library, 
the  county  court  shall  enter  of  record  a  brief  recital  of  such 
returns  and  that  there  has  been  established  "—  —county 

library    district,"    and    thereafter    such    "—  —county 

library  district"  shall  be  considered  and  held  to  be  established, 
shall  be  a  body  corporate,  and  known  as  such;  and  the  tax 
specified  in  such  notice  shall,  subject  to  provisions  herein  below 
of  this  section,  be  levied  and  collected,  from  year  to  year,  in 
like  manner  with  other  taxes  in  the  rural  school  districts  of  said 
county.  The  proceeds  of  such  levy,  together  with  all  interest 
accruing  on  same,  with  library  fines,  collections,  bequests  and 
donations  in  money  shall  be  deposited  in  the  treasury  of  the 
county  and  be  known  as  the  "county  library  fund,"  and  be  kept 
separate  and  apart  from  other  monies  of  such  county,  and  dis- 
bursed by  the  county  treasurer  only  upon  the  proper  authenti- 
cated vouchers  of  the  county  library  board  hereinafter  mentioned; 
provided,  that  such  taxes  shall  cease,  in  case  the  regular  voters 
of  any  such  district  shall  so  determine  by  a  majority  vote  at 
any  annual  election  held  therein,  after  petition,  order  of  court, 
and  notice  of  such  election  and  of  the  purpose  thereof,  first 
having  been  made,  filed  and  given,  as  in  the  case  of  establishing 
such  county  library  district. 

Sec.  2.     Library  board — how  appointed — term  of  office- 
duties. — For  the  purpose  of  carrying  into  effect  this  act,  in  case 


Revised  School  Laws.  209 

a  county  library  district  is  established  and  a  free  county  library 
authorized  as  provided  in  section  1  of  this  act,  there  shall  be 
created  a  county  library  board  which  shall  consist  of  five  mem- 
bers, the  county  superintendent  of  schools  and  four  other  mem- 
bers to  be  appointed  by  the  county  court;  said  superintendent 
to  serve  ex  officio  during  his  term  of  office,  and  the  other  members 
to  be  appointed  for  terms  of  four  years  each,  except  that  the 
members  of  the  first  board  shall  be  appointed  for  one,  two,  three 
and  four  years,  respectively.  The  county  court  may  remove 
any  member  from  the  board  for  misconduct  or  neglect  of  duty. 
Vacancies  in  the  board  occasioned  by  removals,  resignations  or 
otherwise  shall  be  reported  to  the  county  court  and  be  filhd  in 
like  manner  as  original  appointments.  No  member  of  the  board 
shall  receive  compensation  as  such.  Said  board,  immediately 
after  the  appointment  by  the  county  court  of  the  four  members 
of  the  board,  shall  meet  and  organize  by  the  election  of  one  of 
their  number  as  president  and  by  the  election  of  such  other 
officers  as  they  may  deem  necessary;  shall  make  and  adopt  such 
by-laws,  rules  and  regulations  for  their  own  guidance  as  may  be 
expedient,  not  inconsistent  with  law;  shall  adopt  such  reasonable 
rules  and  regulations  as  shall  render  the  use  of  said  county 
library  of  the  greatest  benefit  to  the  greatest  number;  shall,  in 
case  such  library  district  establishes  its  own  free  county  library, 
appoint  a  properly  qualified  librarian  and  necessary  assistants, 
subject  to  the  provisions  of  this  act;  and  shall  in  general  carry 
out  the  spirit  and  intent  of  this  act  in  establishing  and  maintain- 
ing such  free  county  library  and  branches  thereof. 

Sec.  3.  Powers  of  county  library  board. — Said  "— 
county  library  district"  as  such  body  corporate,  by  and  through 
said  county  library  board,  shall  have  power  to  sue  and  be  sued, 
to  complain  and  defend,  and  to  make  and  use  a  common  seal, 
to  purchase  or  lease  grounds,  to  lease,  occupy  or  to  erect  an 
appropriate  building  or  buildings  for  the  use  of  said  county 
library  and  branches  thereof,  and  to  sell  and  convey  real  estate 
and  personal  property  for  and  on  behalf  of  the  county  library 
and  branches  thereof,  to  receive  gifts  of  real  and  personal  prop- 
erty for  the  use  and  benefit  of  such  county  library  and  branch 
libraries  thereof,  the  same  when  accepted  to  be  held  and  controlled 
by  such  board,  according  to  the  terms  of  the  deed,  gift, 
devise  or  bequest  of  such  property. 

Sec.  4.  May  make  contracts  with  other  libraries — how- 
report — when.- — Said  county  library  board  may  contract  with 
the  body  having  control  of  a  public  library  for  assistance  in  the 
organization  of  a  free  county  library  under  such  terms  and  con- 
ditions as  may  be  stated  in  such  contract,  or  it  may  contract 
with  the  body  having  control  of  a  public  or  school  library  already 
established  within  a  county,  or  any  other  library  within  the 
state,  to  furnish  library  service  to  the  people  of  the  said  county 
library  district,  under  such  terms  and  conditions  as  may  be 


210  Revised  School  Laws. 

stated  in  such  contract;  and  the  body  having  control  of  any 
library  within  the  state  may  contract  with  any  such  county 
library  board  within  the  state,  to  provide  library  service  to  the 
people  of  such  library  district  under  such  terms  and  conditions 
as  may  be  stated  in  such  contract.  In  case  a  contract  shall  be 
made  for  services  by  any  library  now  or  herafter  existing,  as 
herein  provided,  it  shall  be  the  duty  of  the  county  library  board, 
by  and  through  a  member  of  the  board,  to  advise  and  consult 
with  the  board  controlling  said  library,  with  regard  to  the 
selection  of  books,  location  of  branch  libraries  and  other  sub- 
jects relating  to  the  proper  management  of  the  county  library. 
The  said  county  library  board  shall  make,  on  or  before  the 
second  Monday  in  June  of  each  year,  an  annual  report  to  the 
county  court,  stating  the  condition  of  their  trust  on  the  first 
of  May  of  that  year,  a  copy  of  which  report  shall,  at  the  same 
time,  be  submitted  to  the  Missouri  library  commission.  Said 
report  shall  be  framed  in  accordance  with  the  laws  governing 
public  libraries.  9 

Sec.  5.  Who  are  exempt  from  taxation  for  a  free  county 
library. — Whenever  a  free  public  library  now  or  hereafter 
established  and  maintained,  at  least  in  part,  by  public  taxation, 
already  exists  in  any  city  or  town  within  the  territory  of  the 
county,  all  property  in  such  city  or  town  shall  be  exempted  from 
any  tax  levy  for  the  support  of  the  free  county  library  in  such 
county  library  district,  and  the  qualified  voters  of  such  city  or 
town  shall  not  be  permitted  to  vote  on  the  proposition  for 
establishing—  —county  library  district,  or  on  the  pro- 

position for  a  tax  levy  for  establishing  or  maintaining  a  free 
county  library. 

Sec.  6.  Incorporated  city  or  town  may  become  a  part  of 
free  county  library  system  or  withdraw — how. — After  the 
establishment  of  a  free  county  library,  the  board  of  trustees, 
common  council  or  other  legislative  body  of  any  incorporated 
city  or  town  in  the  county  now  or  hereafter  maintaining  a  free 
county  library  as  above  mentioned,  may  after  approval  of  such 
proposed  change  by  the  directors  of  said  free  county  library, 
notify  the  county  court  that  such  city  or  town  desires  to  become 
a  part  of  the  free  county  library  system  at  the  beginning  of  the 
next  succeeding  full  fiscal  year;  and  thereafter  such  city  or  town 
shall  be  a  part  thereof,  and  the  inhabitants  shall  be  entitled  to 
the  benefits  of  such  free  county  library  and  the  property  within 
such  city  or  town  shall  be  liable  to  taxes  levied  for  free  county 
library  purposes:  Provided,  the  board  of  trustees,  common 
council  or  other  legislative  body  of  such  city  or  town,  as  the  case 
may  be,  may  petition  the  county  court  and  in  all  other  respects 
proceedings  shall  be  had,  as  near  as  may  be,  as  set  forth  in  section 
1  herein,  and  the  same  rate  of  tax  is  had  in  such  city  or  town  as 
under  the  free  county  library  system  in  such  county.  The  board 
of  trustees,  common  council  or  other  legislative  body,  in  any 


Revised  School  Laws.  211 

such  incorporated  city  or  town  in  a  county  having  made  pro- 
vision for  becoming  a  part  of  the  free  county  library  system  as 
in  section  1,  and  in  this  section  herein  above  provided,  may  at 
any  time  notify  the  county  court  that  such  city  or  town  no  longer 
desires  to  be  a  part  of  the  free  county  library  system,  and  such 
city  or  town  shall,  with  the  close  of  the  next  succeeding  full 
fiscal  year,  cease  to  be  a  part  of  the  free  county  library  system, 
and  the  property  situated  in  such  city  or  town  shall  not  there- 
after be  liable  to  taxes  for  free  county  library  purposes;  pro- 
vided, that  the  board  of  trustees,  common  council,  or  other 
legislative  body  of  the  city  or  town,  as  the  case  may  be,  shall 
petition  the  county  court  and  otherwise  like  proceedings  shall 
be  had,  as  near  as  may  be,  as  in  the  case  of  becoming  a  part  of 
the  free  county  library  system,  and  a  majority  vote  is  cast 
accordingly. 

Sec.  7.     May  erect  a  free  county  library  building — how.— 

Whenever,  in  any  county  library  district,  which  has  decided  or 
shall  hereafter  decide  to  establish  and  maintain  a  free  county 
library  under  the  provisions  of  this  act,  the  county  library  board 
shall  by  written  resolution  entered  of  record,  deem  it  necessary 
that  a  free  county  library  building  should  be  erected  in  such 
county  and  one  hundred  (100)  tax  paying  citizens  of  any  such 
county  library  district,  shall  in  writing  petition  the  county  court 
asking  that  an  annual  tax  be  levied  at  and  as  an  increased  rate 
of  taxation  for  such  library  building  and  shall  specify  in  their 
petition  a  rate  of  taxation  not  to  exceed  one  and  one-half  mills 
on  the  dollar  annually,  and  not  to  be  levied  for  more  than  five 
years  on  all  taxable  property  in  such  county  library  district; 
then  the  county  court  shall,  if  it  finds  said  petition  was  signed  by 
the  requisite  number  of  qualified  petitioners,  enter  of  record  a 
brief  recital  of  such  petition,  and  of  its  finding  aforesaid,  and 
shall  order  that  the  proposition  of  such  petition  be  submitted 
to  the  voters  of  such  county  library  district  at  the  next  annual 
election  to  be  held  on  the  first  Tuesday  in  April;  and  that  the 
clerk  of  the  county  court  shall  cause  to  be  published  the  prop- 
osition of  such  petition  and  said  county  clerk  shall  cause  said 
proposition  to  be  published  in  like  manner,  as  near  as  may  be, 
with  the  publication  of  "the  nominations  to  office,"  as  provided 
in  section  4819  of  the  Revised  Statutes  of  Missouri,  1919.  Such 
order  of  court  and  such  notice  shall  specify  the  rate  of  taxation 
mentioned  in  said  petition;  and  the  county  clerk  shall  make  and 
file  in  his  office  return  of  service  of  such  notice;  and  every  voter 
within  such  county  library  district  may,  in  his  proper  district, 
as  in  section  1  of  this  act  provided,  vote  "for —  —mills 

tax  for  erection  of  free  county  library  building,"  or  "against 
—mills  tax  for  erection  of  free  county  library  build- 
ing," and  if  the  majority  of  the  qualified  voters  of  such  county 
library  district  voting  on  said  proposition  at  such  election^shall 
vote  "for mills  tax  for  erection  of  free  county 


212  Revised  School  Laws. 

library  building"  the  tax  specified  in  such  notice  shall  be  levied 
and  collected  in  like  manner  with  other  taxes  of  said  county 
library  district,  and  shall  be  known  as  the  "county  library  build- 
ing fund,"  and  shall  be  subject  to  the  exclusive  control  of  said 
county  library  board  and  be  drawn  upon  by  the  proper  officers 
in  such  county  upon  the  properly  authenticated  vouchers  of  said 
board,  and  be  used  for  the  erection  of  the  library  building.  The 
fund  hereby  provided  for  the  erection  of  a  free  county  library 
building  in  such  county  shall  be  in  addition  to  the  tax  levied  for 
the  establishment  and  maintenance  of  such  county  library. 

Sec.  8.  Librarians  must  attend  meetings. — County  libra- 
rians shall  be  required  to  attend  state  library  meetings  and  dis- 
trict library  institutes,  the  actual  and  necessary  expenses  incident 
thereto  being  a  charge  against  the  county  library  fund. 

Sec.  9.  Kind  of  service  given. — The  services  of  a  free 
county  library  may  be  direct  loan  of  books,  pictures  or  periodicals, 
through  branches,  stations,  school  traveling  libraries  or  book 
wagons;  but  in  all  cases  service  shall  be  freely  accessible  to  all 
residents  of  the  county  library  district. 

Sec.  10.  Duty  of  the  secretary  of  the  Missouri  library 
commission. — All  free  county  libraries  established  under  the 
provisions  of  this  act  shall  be  visited  from  time  to  time  by  the 
secretary  or  organizer  of  the  Missouri  library  commission,  for 
the  study  of  conditions,  and  to  render  such  assistance  as  may  be 
needed.  After  each  such  visits,  said  secretary  or  organizer  shall 
report,  in  writing,  to  the  president  of  the  board  in  charge  of  each 
free  county  library  visited,  as  to  the  existing  conditions,  with 
such  recommendations  as  may  be  deemed  proper.  Copy  of 
such  reports  and  recommendations  shall  be  filed  in  the  office  of 
the  Missouri  library  commission. 

Approved  March  28,  1921. 


INDEX. 


Section  Page 
Act  to  provide  for  vocational  education — 

advisors  to  boards  of  vocational  schools .'....". 11281  106 

annual  report  required 11291  107 

appropriating  money 11293  107 

attendance — part-time  vocational  schools 11288  107 

expenditures  for  administration  of  act 11282  106 

federal  funds — available,  when 11287  107 

inspection  and  approval  of  schools 11278  104 

money  used,  how 11294  107 

penalties 1 1292  107 

responsibility — where  placed 11289  107 

schools  to  receive  aid,  when — how  much 11276  104 

state  board  to  make  report  to  general  assembly 11283  104 

state  board  of  education — may  excuse 11290  107 

state  standards 1 1286  106 

state  board  of  education — duties  of 11271  102 

state  board  authorized  to  incur  expenditures 11272  103 

state  treasurer  custodian  of  funds 11273  103 

state  treasurer,  report  to  general  assembly 11274  103 

state  board  of  education — duties  of 1 1275  103 

stute  advisory  committee 11279  105 

state  superintendent,  executive  officer 11280  105 

vocational  education  fund 1 1277  104 

vocational  and  prevocational  education  defined 11284  106 

Additions  to  schoolhouses — 

funds  for,  how  secured 11127  11 

Age  (school)  — 

limit   (Constitution,  art.  XI) 1 

when  admitted ' 11141  23 

Aid,  state — 

consolidated  district   (high  school) 11264  97 

consolidated  district   (elementary  schools) 11265  98 

consolidated  district   (building) 11263  97 

high  school 11295  108 

high  school,  special  high  schools 11296  109 

rural  school,  one  teacher 11211  66 

rural  school,  two  or  more  teachers 11211  66 

rural  school,  in  consolidated  district ". 11265  98 

rural  school   (weak)  for  tuition 11212  68 

teacher-training 11299  110 

teacher-training,  in  cities  75,000  and  over 11310  113 

vocational  aid   (Smith-Hughes  enabling  act) 11277  104 

Alcoholic  drinks,  narcotics,  etc. — 

effect  to  be  taught 11162  36 

(213) 


214  Index. 

Section    Page 
Annexation — 

common  districts  to  city  or  town  districts 11252          89 

disposition  of  moneys  in  case  of 11252           89 

maintenance  of  libraries 11320        118 

restrictions  on 1 1252          89 

to  cities  of  more  than  100,000 — procedure 11317        116 

election  for 11318        117 

proceedings,  if  carried 11319        118 

when  corporate  limits  extended 11254          90 

Annual  meeting,  rural  districts — 

how  organized 11210          62 

powers  of 11210          62 

when  and  where  held 1 1209          62 

Annual  meeting,  town,  city  and  consolidated  districts — 

date 11251           88 

election,  how  conducted 11251          88 

time  of  polling .' 11251          88 

voting  places  in  towns  of  2,000  up  to  100,000 11251          88 

Appeal — 

change  boundary 11201          54 

when  district  divided  by  county  line 11201          54 

Apportionment  public  moneys — 

errors,  how  corrected 11181          45 

to  counties,  by  whom,  when 11179          42 

to  districts,  by  whom 11179           42 

when  township  is  in  two  counties 11182          45 

Approved  summer  schools — 

complimentary  grades  not  to  be  given 11367        143 

grades  accepted,  by  whom 11366        142 

Approved  summer  schools,  teacher-training  high  schools — 

board  of  education  to  make  necessary  rules,  etc 11298        110 

credit  of  work  to  students 1 1299         110 

grades  accepted  for  county  certificates 11301        111 

length  of  term 1 1300        111 

Arbitration,  board  of — ' 

fees,  by  whom  paid 11201 

powers  and  duties 11201 

qualifications  of  members 11201 

to  determine  change  of  boundary 11201 

to  determine  valuation  of  property 1 1205 

Arbor  day — 

how  observed 11156 

when  observed 11 156 

Association,  county  teachers' — 

(see  county  teachers'  association). 

Attendance,  compulsory — 

(see  compulsory  attendance.) 


Index.  215 

Section  Page 
Ballot — 

form  of  for  loan 11127  11 

Bird  day — 

how  observed 11157  34 

when  observed 11157  34 

Blanks — 

county  superintendent  to  furnish  districts 11350  133 

how  distributed 11334  125 

how  printed 1 1339  127 

prescribed  by  state  superintendent 11183  46 

state  superintendent  to  furnish 11350  133 

Blind  children — 

county  clerk  to  certify  list  of 11140  22 

Blind  and  deaf,  Missouri's  schools  for — 

admission 10  203 

blind  to  attend  school  granting  degrees 13  204 

board,  duties  of 3  201 

board,  meeting  of 5  202 

board,  organization  of 17  204 

barred  from  furnishing  supplies,  who 23  206 

barred  from  dealing  in  furniture,  who 24  206 

classed  and  conducted,  how 1  201 

course  of  study 12  203 

deaf  school,  object  of , 16  204 

expenses 10  203 

governed,  how 2  201 

money  to  assist  such  blind  student 15  204 

oculist,  duties  of .  11  203 

physician,  duties  of 11  203 

president  of  board,  duties  of 20  205 

property  controlled,  how 18  205 

purchases  made,  how 22  206 

reports 6  202 

salaries,  superintendent 3  201 

schools  attended,  by  whom 9  203 

reader  for  blind  student,  qualification  of 14  204 

salaries,  board  members 19  205 

statement  of  supplies  furnished 21  205 

steward,  duties  of 8  202 

superintendent,  qualifications 4  202 

superintendent,  duties 3  201 

treasurer,  duties  of 7  202 

Board  of  directors — 

admit  non-resident  pupils 11135  17 

cannot  dismiss  teacher 11138  21 

cannot  issue  warrant,  when 1 1222  74 

cannot  pay  teachers'  wages,  when 11222  74 

cannot  rent  buildings,  when 11191  50 

convention 1 1356  135 

duty  to  visit  school 1 1 139  22 

employment  of  members 1 1266  101 

guilty  of  misdemeanor,  when 11383  148 

individuals  responsible  for  tuition,  when 11146  27 

majority  to  transact  business 11215  69 


216  Index. 

Section  Page 
Board  af  directors — Continued. 

may  accept  gifts 1 1267  101 

may  call  special  meeting,  when 11153  32 

may  close  colored  school,  when 11145  25 

may  condemn  site 11143  24 

may  establish  joint  colored  school,  when 11145  25 

may  invest  or  loan  sinking  fund 11132  15 

may  exchange  funding  bonds 11130  14 

may  refund  bonds 11129  14 

may  refuse  to  pay  teachers,  when 11138  21 

may  require  medical  examination 11136  19 

may  suspend  or  expel  pupils,  when 11135  17 

may  transfer  certain  funds 11223  76 

must  establish  colored  school,  when 11145  25 

must  make  provision  for  interest 11133  15 

organization  of 11215  69 

president  to  call  special  meeting 11137  19 

president  to  receive  expenses,  when 11222  74 

select  depositories 1 1268  102 

shall  not  allow  use  of  house,  when 11134  16 

shall  receive  no  compensation 11215  69 

to  call  special  meetings,  when 11154  32 

to  employ  janitor,  etc 11134  16 

to  employ  teacher,  when 11137  19 

to  forward  estimate,  when 11142  23 

to  have  care  of  property  of  district 11134  16 

to  keep  building  and  grounds  in  repair 11134  16 

to  make  estimate 11142  23 

to  make  rules 11135  17 

to  provide  sinking  fund 11132  15 

to  purchase  library  books 7190  157 

to  purchase  supplies 11134  16 

to  rent  house  for  school,  when 11145  25 

to  sell  renewal  bonds,  when 11130  14 

to  submit  proposition  to  increase  tax 11151  30 

to  take  enumeration,  when 11140  22 

vacancy,  how  filled 11216  70 

vacancies,  how  filled 11210  62 

Board  of  education  (see  board  of  directors)  — 

bond  of  treasurer 1 1245  86 

cannot  employ  members 11266  101 

duties  of 11243  85 

duties  of  president  and  secretary 11240  83 

election  of  members 1 1239  83 

guilty  of  misdemeanor,  when 11383  148 

length  of  school  term 1 1244  86 

may  accept  gifts  for  libraries 11267  101 

may  adopt  textbooks,  when 11388  149 

may  establish  night  schools 11315  116 

may  issue  funding  and  refunding  bonds 11129  14 

may  loan  sinking  fund,  when 11313  115 

organization  of 1 1240  83 

power  to  establish  libraries 11243  85 

shall  select  depositories 11268  102 

tenure  of  members 11238  83 

to  exchange  funding  bonds 11130  14 

to  keep  seal 11244  86 

to  provide  sinking  and  interest  fund 11128  13 

to  publish  financial  report •••.•• 11266  101 


Index.  217 

Section  Page 
Board  af  education  (see  board  of  directors) — Continued. 

to  purchase  site 11314  115 

treasurer  of,  custodian  of  money 1  ]  245  86 

vacancies,  how  filled 11238  83 

Bonds — 

board  to  sell  renewal,  when 11130  14 

clerk  to  keep  record  of  destroyed 11131  15 

contractors  to  give 1040  170 

county  or  township  treasurer  responsible  for,  when 11127  11 

denomination  of 11129  13 

funding  and  refunding,  by  whom  issued 11129  18 

funding  may  be  issued 1042  162 

how  voted 11127  11 

if  forfeited,  how  recover 11375  146 

interest  on,  when  payable 11129  13 

liability  of  treasurer  for  failure  to  burn 11246  87 

may  be  exchanged,  by  whom 11130  14 

not  to  be  negotiated,  when 11127  11 

of  county  superintendent 111345  130 

of  state  superintendent 11333  125 

of  treasurer 11188  47 

publisher  liable  upon,  when 11375  146 

rate  shall  not  exceed  legal 11128  13 

record  kept,  by  whom 11129  14 

refunded  by  board 11129  14 

refunding,  no  vote  required 1042  162 

sale  of 11127  11 

shall  not  exceed  5  per  cent  valuation 11128  13 

shall  not  run  for  longer  than  twnety  years 11128  13 

time  and  place  of  payment 1 1 129  14 

to  be  countersigned  by  treasurer 11127  11 

to  be  destroyed,  when,  how 11131  15 

Bonds,  funding  of,  counties,  cities,  townships,  school  districts,  etc. — 

ballot,  form  of 1043  163 

bonded  debt  of  counties,  etc 1042  162 

bonds  canceled,  etc 1047  164 

bonds  may  be  sold 1049  165 

duty  of  county  court 1044  164 

duty  of  treasurer 1046  164 

funds  exempt  from  execution 1051  166 

liability  of  treasurer 1050  165 

sinking  fund,  how  invested 1048  165 

tax  levy 1045  164 

treasurer's  commission 1052  166 

Bonds,  registration  of — 

article,  does  not  apply,  where 1067  168 

auditor,  register  bo'nds,  when 1063  167 

bonds,  registered 1062  166 

bonds  to  be  registered,  validity 1068  169 

compensation  of  auditor 1064  167 

duty  of  state  auditor 1065  168 

may  levy  larger  tax 1066  168 

registered  bonds  lawful  security 1069  169 

Boundary  line — 

appeal  to  county  superintendent f  .  f  .  ,  .  , 11201  54 


218  Index. 

Section  Page 
Boundry  line — Continued. 

change,  city  and  town  districts 11253  90 

change,  district  in  two  counties 11207  59 

change  of,  procedure 1 1201  54 

change,  when  decided 11210  62 

clerk  to  notify  county  clerk  and  county  syperintendent 11226  77 

notices,  nature  of 11201  54 

restrictions  on  change  of 11201  54 

Bribery — 

in  textbook  adoption,  penalty  for 11393  150 

Building  fund  (see  funds)  — 

apportionment  in  newly-formed  districts 11206  59 

rate  of  levy,  when  and  how  determined 11210  62 

special  meeting  for  voting 11151  31 

Certificates — 

applicant  may  raise  grade  of 11362  139 

by  whom  issued 11358  136 

complimentray  not  to  be  granted 11367  143 

examination  for,  county 11358  136 

fees  for  examination  for 11363  140 

fees  for  endorsement  of  second  grade 11362  139 

fees  for  renewal  of  first  and  second  grade 11361  139 

grades  to  be  kept 1 1362  139 

grades  made  in  approved  summer  schools  to  be  accepted 11366  142 

endorsement  of  second  grade  in  adjoining  counties 11362  139 

may  be  revoked 1 1364  141 

papers  graded  by  state  superintendent 11359  138 

qualifications  necessary 1 1358  136 

11360  138 

renewal  of  first,  second  and  third  grade,  conditions 11361  139 

special,  to  whom  granted 1 1358  136 

state  superintendent  may  grant 11334  125 

teachers  to  have  legal 11160  35 

three  grades,  requirements  for 11358  136 

11360  138 

to  be  filed  with  district  clerk 11137  19 

Cigarettes — 

sale  of  prohibited 3520  161 

use  of  prohibited 3521  161 

Child  labor  law 1  157 

City  and  town  school  districts — 

annexation  adjoining  districts 11252  89 

annexation  when  corporate  limits  extended 11254  90 

article  IX  not  to  apply  to  certain 11215  69 

change  boundary  line  of 11253  90 

establishment  of  primary  and  high  schools 11241  84 

exempt  from  textbook  law 1 1371  145 

exempt,  may  make  textbook  adoptions 1068  149 

how  disorganized 1 1242  85 

not  entitled  to  school  funds,  when 11179  42 

to  establish  libraries.  .                                                                                    .  11243  85 


Index.  219 

Section  Page 
Claims — 

corruptly  allowed 3338  160 

unjust,  allowed 3338  160 

Classification — 

of  high  schools 11337  127 

of  school  districts 1 1 123  7 

Clerical  help  and  traveling  expenses  for  county  superintendents.  .  .  .  11355  135 

Colored  children — 

cannot  attend  white  school 1 1 144  25 

right  to  attend  in  other  districts 11146  27 

separate  schools  for 11144  25 

Colored  high  schools — 

in  what  counties 1 1256  92 

Colored  schools — 

board  must  establish,  when 11145  25 

joint,  control  of 11145  25 

joint,  how  maintained 11145  25 

joint,  may  be  established „ 11145  25 

may  be  closed,  when 11145  25 

Colored  teachers'  insitiutes — • 

certificate  fee  by  attendants 1 1365  142 

established 1 1365  142 

fee 1 1365  142 

grades  made  in 1 1365  142 

instructors,  how  appointed 1 1365  142 

Common  school  districts  (see  districts)  — 

Compensation — 

board  of  arbitration 1 1201  54 

county  clerk 1 1249  88 

county  clerk  for  school  tax  book 11184  47 

county  collector 11186  47 

county  superintendents 1 1352  134 

county  treasurer 11188  47 

district  clerk 11215  69 

none  to  directors 11215  69 

secretary  board  education 1 1266  101 

textbook  commission 11370  144 

treasurer  board  education 11266  101 

Compulsory  attendance — 

board  may  establish  truant  schools 11327  123 

children  excused,  when  and  how 11324  120 

employment  of  children  forbidden 1  157 

administer  oaths  and  furnish  certificate  of  same 11331  124 

enforcement  of  law 1 1329  124 

part-time  attendance 11328  123 

violation  of  law,  how  prosecuted 11330  124 

officers,  duties 1 1325  120 

officers,  how  appointed 1 1325  120 

officers,  rights 1 1325  120 

parents  and  guardians  required  to  send  children, 11323  119 


220  Index. 

Section 
Compulsory  attendance — Continued. 

teachers  to  be  furnished  with  enumeration  lists 11326 

teachers  to  report  delinquents 11326 

Condemnation — 

board  may  condemn  site 11143 

proceedings  (chap.  13,  art.  II,  R.  S.  1919), 

Consolidation — 

consolidated  district  may  be  formed 11257 

area  and  enumeration 11258 

petition 1 1259 

duties  of  the  county  superintendent 11259 

transportation  may  be  voted  on 11260 

parts  of  districts  remaining 11261 

limitations  in  division  of  districts 11261 

settlement  of  property 11262 

original  districts  to  continue  how  long 11262 

state  aid   (building) ,  when  granted 1 1263 

special  aid  (maintenance),  when,  how 11264 

aid  for  elementary  schools  in  district 11265 

maximum  salaries  for  elementary  teachers  for  aid 11265 

Consolidated  school  districts  (see  also  districts)  — 

election  in 11251 

how  disorganized 11251 

how  formed 11255 

how  formed 11256 

how  governed 1 1255 

petition  for 1 1259 

what  constitutes 1 1 123 

what  aid 

Contagious  diseases — 

board  may  exclude  children  with 11136 

board  may  require  medical  examination,  when 11136 

teacher  may  exclude  children  with 11136 

Contracts — 

commission  to  enter  into  for  five  years 11378 

made  by  majority  of  board 11240 

penalty  for  attempted  violation 11383 

publisher  to  forfeit,  when 11391 

rules,  part  of,  when 11138 

to  be  made,  how 11137 

to  be  signed  by  whom 11137 

void  if  house  is  destroyed 11138 

Convention-school  board 11356        135 

Correction  of  errors  in  apportionment 11181          45 

County  clerk — 

compensation 1 1249 

compensation  of,  for  making  school  tax  book 11184 

duty  of  as  to  estimates 11183 

held  responsible  for  funds,  when 11166 

may  be  punished  for  neglect,  when 11158 


Index.  -  221 

Section    Page 
County  clerk — Continued. 

must  furnish   tally  sheet  for  election  returns  of  county  superin- 
tendent    11344  129 

shall  certify  election  county  superintendent 11344  129 

shall  issue  commission  to  county  superintendent 11344  129 

to  apportion  funds  to  districts. 11179  42 

to  assess  building  tax 11152  31 

to  assess  tax,  when 11151  30 

to  certify  lists  of  deaf,  dumb  and  blind 11140  22 

to  list  owners,  personal  property 11183  46 

to  make  report  to  state  superintendent 11185  47 

to  make  school  tax  book 11183  46 

to  sign  October  statement  county  treasurer 11189  48 

County  collector — 

compensation  of 11186  47 

duties  of  to  cities  and  town  districts 11250  88 

duty  of 11186  47 

to  collect  delinquent  taxes 11187  47 

County  court — 

held  responsible  for  funds , 11166  37 

may  appoint  agent  to  rent  or  manage  property 11178  41 

may  invest  sinking  fund 11224  77 

may  order  sale  of  property 11176  40 

may  order  sheriff  to  sell  property 11176  40 

may  purchase  mortgaged  property 11178  41 

may  require  additional  security 11175  40 

shall  furnish  county  superintendent  office 11345  430 

shall  require  security  for  loans 11173  39 

shall  resell  property,  when 11178  41 

to  collect  and  distribute  funds 11167  37 

to  credit  interest  on  sinking  fund 11225  77 

to  have  care  of  township  funds 11170  38 

to  have  jurisdiction  of  funds 11167  37 

to  invest  school  funds,  how 11166  37 

to  loan  surplus  district  funds 11228  78 

to  preserve  and  loan  county  school  funds 11165  36 

to  renumber  school  districts 11197  52 

to  require  abstract  title  in  making  loans 11173  39 

to  transfer  funds,  when 11182  45 

County  superintendent — 

appeal  to.  change  of  boundary 11201  54 

appoint  board  arbitration 11201  54 

appoint  board  arbitration 11205  58 

bond  of 11345  130 

county  commissioner  shall  become 11343  129 

county  court  shall  furnish  office 11345  130 

duties  of 11349,  11350  133 

election  of 1 1344  129 

election  returns,  how  certified 11344  129 

governor  appoints  in  case  of  tie  vote 11344  129 

has  supervision  over  schools 11346  131 

may  be  punished  for  neglect,  when 11158  34 

may  organize  county  association 11348  132 

may  not  act  as  agent 1 1340  128 

must  grade  teachers  on  professional  qualities 11358  136 

not  to  grant  complimentary  grades  or  certificates 11367  143 

oath  of.  .                                                                                                                  .  11345  130 


222  Index. 

Section  Page 
County  superintendent — Continued. 

office  created 1 1343  129 

office,  where  kept 1 1345  130 

powers  and  duties 11346  131 

provide  for  graduation 11347  132 

qualifications  of , 11343  129 

salary  of,  how  determined 11352  134 

salary  of,  when  paid 1 1352  134 

salary  in  certain  counties 1 1353  134 

salary,  method  of  determining 11354  135 

shall  adopt  course  of  study 11347  132 

shall  approve  estimates  and  enumerations 11346  131 

shall  assist  district  clerk 11346  131 

shall  compile  statistics 1 1349  133 

shall  deliver  books  to  successor 11343,  129,  11345  130 

shall  distribute  blanks 1 1349  133 

shall  distribute  school  laws 1 1349  133 

shall  examine  records 11346  131 

shall  furnish  blanks  to  school  officers 11350  133 

shall  hold  examination  of  pupils 1 1347  132 

shall  hold  meetings 1 1347  132 

shall  make  report  to  state  superintendent 11349  133 

shall  require  teacher  to  make  report 11349  133 

shall  not  teach 11351  133 

shall  visit  and  examine  schools 11346  131 

statement  to  district  clerk 11346  131 

term  of  office 11329  129 

to  attend  August  term  of  county  court 11347  132 

to  attend  convention  or  state  school 11351  133 

to  fill  vacancy  in  board,  when 11216  70 

to  forfeit  salary,  when 11351  133 

to  keep  record  of  certificate  grades 11362  139 

traveling  expenses  and  clerical  help 11356  135 

vote  upon 11210  62 

County  teachers'  association — 

certificate  fees  to  be  used  for 1 1363  140 

county  superintendents  may  hold 11348  132 

duty  of  teacher  to  attend 1 1348  132 

expenses,  how  paid 11348  132 

County  textbook  commission  (see  textbook  commission). 

County  treasurer — 

bond 11188  47 

compensation  of 11188  47 

custodian  of  school  moneys 1 1 188  47 

duties  of 11188  47 

may  be  punished  for  neglect,  when 11158  34 

penalty  for  failure  to  make  settlement 11190  49 

settlement  of 11189  48 

shall  keep  funds  separate 1 1223  76 

shall  not  honor  warrant,  when 11159  35 

to  be  responsible,  when 11127  11 

to  collect  interest 1 1 168  38 

to  countersign  bonds 11127  11 

to  give  duplicate  receipts.  . 11168,  38,  11177  41 

to  pay  treasurer  city  or  town  district 11247  87 

to  report  moneys  invested 1 1225  77 


Index.  223 

Section  Page 
County  unit  law — 

allowance  for  service 15  188 

board  members  organize 13  187 

board  members  take  oath 13  187 

board  elected,  how 5  184 

county  board  to  report  to  state  superintendent 17  192 

county  board  elected,  how 9  185 

county  board  meetings 14  187 

county  clerk's  duties 8  185 

county  clerk  sends  ballots  to  local  districts 7  185 

county  clerk  publish  candidates'  names 6  185 

county  board  of  education 3  184 

districts  exempt 27  195 

duties  of  superintendent  and  assistants  prescribed  by  board.  ...           24  195 

duties  of  voters  and  election  officers 10  186 

eligibility  of  members 4  184 

how  part  of  county  school  district  may  become  a  part  of  high 

school  district  or  consolidated  district 20a  194 

how  school  district  or  part  of  same  may  come  under  county    unit          20  194 

local  boards  submit  budget  to  county  board 25  195 

local  districts  maintained 2  184 

mileage,  how  paid 15  188 

moneys  from  taxes,  how  handled 23  194 

official  records  property  of  county  school  district 18  193 

powers  and  duties  of  county  board 16  188 

(1)  appoint  superintendent,  may  be  discharged,  expenses 

provided 188 

(13)    ascertain  indebtedness,  levy  tax 192 

(9)    borrow  money  for  necessities 191 

(4)  care  for  property 189 

(5)  change  boundaries,  combine  districts 189 

(3)    elect  assistants  and  fix  pay 189 

(11)  furnish  supplies,  provide  libraries 191 

(6)  high  schools,  instruction 189 

(7)  prepare  budget,  expenses,  how  paid 190 

(10)    make  rules,  receive  reports  and  records 191 

(8)  levy  tax,  etc 190 

(12)  select  text'books,  free  text  books,  when 191 

(2)  selection  of  teachers 188 

power  of  county  board 22  194 

privileges  and  powers  of  local  districts  and  boards 26  195 

publication  expenses — how  paid 12  187 

schools  for  colored  children 21  194 

schools  exempt 1  184 

state  aid  for  first-class  high  schools,  when 17a  192 

state  aid  for  county  school  districts,  when 17b  193 

term  of  members 11  186 

time  of  first  election 11  186 

title  of   property  of   component    district  goes  to  county  school 

district 19  193 

unconstitutionally  of  any  part  affects  no  other 27a  195 

Day,  week,  month  and  year  (see  school   day,  etc.)  — 

Deaf  and  dumb  children — 

county  clerk  to  certify  list  of 11140  22 

Defectives — 

district  may  join  to  form  classes 11148  28 


224  Index. 


Section 
Defectives — Continued. 

duties  of  school  officers 11150c 

inspection  by  state  superintendent 11149 

providing  instruction 11147 

special  classes  for  certain  defectives 11150b 

state  board  of  charities  may  act,  when 11150 

training  speech  defectives 11150a 

Depository  for  district  funds 

board  of  education  shall  elect 11268 

Directors   (see  board  of  directors)  — 

appointment,  form  of 11216 

cannot  serve  as  teacher 11137 

guilty  of  misdemeanor,  when 11161 

how  and  by  whom  elected 11213 

how  elected 11210 

may  act  as  clerk,  when 11215 

may  be  removed 11216 

oath  of — form 11214 

qualifications  of 11213 

Disorganization — 

of  city,  town  or  consolidated  districts 11242 

organization   forfeited,  when 11124 

District  clerk — 

certificate  to  be  filed  with 11137 

county  superintendent  shall  assist 11346 

director  may  act  as 11215 

duties  of 11219 

may  be  punished  for  neglect,  when 11158 

report  to  county  superintendent 11219 

removal  of 11217 

selection  of 11215 

shall  keep  record  of  bonds 11129 

special  meeting,  notice  of 11154 

teahcer  cannot  serve  as 11137 

term  of 11215 

to  certify  vote  on  tax  levy,  when 11151 

to  keep  records 11216,  59,  11219 

to  keep  record  of  destroyed  bonds 11131 

to  keep  record  special  meetings 11154 

to  notify  of  change  of  boundaries 11226 

to  post    notices 11127,11;    11152,31;    11153.32;    11154,32;  11221 

to  procure  record  books 11220 

to  record  copy  of  reports 1 1226 

to  record  plat 1 1226 

to  supply  teacher  with  copy  of  rules 11135 

Districts- 
aided  by  state,  when. 11211 

become  disorganized,  when 11124 

bodies  corporate 1 1 124 

boundary,  change  of 1 1201 

cannot  be  formed,  divided  by  county  line 11207 

children's  right  to  attend  in  old  when  new  is  formed 11208 

city  districts 11123 

classification  of.  . 11123 


Index.  225 

Section  Page 
Districts — Continued. 

clerk,  duties  of 11219  73 

clerk,  penalty  for  neglect  of  duty 1 1 158  34 

clerk,  removal  of 11217  71 

clerk,  selection  of,  term,  etc 11215  69 

clerk  to  keep  records 11215  69 

clerk  to  notify  county  clerk  and  superintendent 11226  77 

clerk  to  post  notices .  11221  74 

clerk  to  procure  record  books 11221  74 

clerk  to  record  copy  of  reports 11226  77 

clerk  to  record  plat  of '.  .  11226  77 

common  school ' .  11123  7 

consolidated 1 1 123  7 

consolidated,  how  formed,  governed .  11255  90 

corporate  powers 1 1 197  52 

division  of  property  when  in  two  or  more  counties 11207  59 

division  to  form  new 1 1201  54 

division,  prohibited  under  certain  conditions 11203  57 

first  meeting  in  new 1 1208  61 

'    forfeit  organization  of,  when 11124  9 

formation,  prohibited  under  certain  conditions 11203  57 

government  and  control  of 11213  68 

indebtedness,  how  paid 11222  74 

in  two  or  more  counties,  division  of 11207  59 

location  of  site  in  new 11210  62 

may  be  attached  to  town,  city  or  consolidated 11207  59 

new,  building  fund,  on  what  levied 1|1206  59 

new,  division  of  property 11204  58 

new,  formation  of 11201  54 

payment  of  indebtedness,  from  proper  fund 11222  74 

property  rights  waived . 11204  58 

pupils  may  attend  in  other,  when 11135  17 

renumbering  of,  when — how .* 11197  52 

renumbered,  rights  not  affected 11198  52 

residents  of  island  may  form 11201  54 

school  money,  loan  of  surplus 11228  78 

special  charter,  change  boundary 11202  57 

to  hold  and  sell  property 11197  52 

town  districts ..;...  11123  7 

town  and  city,  length  of  term  in 11244  86 

town,  city,  consolidated,  how  organized 11242  85 

town  or  city,  effects  of  extension  of .  . 11236  80 

town  or  city,  how  organized 11237  82 

town  or  city,  organization  of  in  two  districts 11236  80 

town  or  city,  organization  of 11236  80 

union  of,  to  form  new 11201  54 

valuation  of  property  when  divided 11205  58 

Election — 

city,  town  and  consolidated  districts 11251  88 

districts  with  special  charter .' 11251  88 

notice  of 111S3  32 

of  county  superintendent 11343  129 

to  erect  schoolhouse 11152  31 

to  increase  tax  levy 11151  30 

Election,  special — 

ballot 1 1234  80 

conducted,  how 11233  79 

notice  of 11232  79 

8 


226  Index. 

Section  Page 
Election  special — Continued. 

result  of 11235  80 

to  determine  surrender  of  special  charter 11231  79 

Employment  of  children — 

hours  of  labor 3  157 

kinds  of  labor 4  158 

labor  permits  inspected 11  160 

may  be  renewed   (certificate) 8  159 

must  be  filed 9  159 

must  have  employment  certificate 5  153 

occupations  forbidden 6  158 

over  14  and  under  16,  how  employed 2  157 

penalty  for  violating  act 14  160 

.  permit  certificate,  how  obtained 7  159 

presence  indicates  employment 13  160 

printing — how  paid 10  160 

under  14 — how  employed 1  157 

when  not  granted  (labor  permit) 12  160 

Enumeration — 

apportionment  school  funds  based  on 11179  42 

blind,  certified  by  clerk,  when 11140  22 

deaf  and  dumb,  certified  to  whom 11140  22 

lists  approved  by  county  superintendent 11346  131 

lists  to  be  furnished  teachers  by  district  clerk 11326  122 

not  taken  in  certain  cities,  when 11140  22 

panalty  for  false  information 11140  22 

when  and  by  whom  taken 11140  22 

who  should  be  listed 1 1 140  22 

Errors  in  apportionment — 

how  corrected 11181  45 

Estimate — 

county  superintendent  to  approve 11346  131 

to  be  sent  to  county  clerk,  when 11142  23 

what  contain 11142  23 

Examination — 

by  state  superintendent 11334  125 

complimentary  grades  forbidden 11367  143 

fees  to  be  used  for  county  association 11363  140 

for  county  certificates 1 1358  136 

grades  accepted  in  lieu  of 1 1356  142 

in  what  subjects 11358  136 

no  fee  for  state 11334  125 

Factory  inspection  law 1  157 

Frances  Willard  day — 

how  observed 11163  36 

when 11163  36 

Foreword 5 

Free  textbooks  for  poor  children — 

school  boards  may  furnish 11386  149 

application  for 1 1387  149 


Index.  227 

Section  Page 
Free  textbook  law — 

district  may  furnish,  how 11394  150 

foreign  insurance  to  districts 11395  151 

funds  apportioned  for  textbooks  only 11396  152 

secretary  of  state  agent 11397  152 

Free  textbooks  to  indigent  pupils 11385  149 

Funds  (see    also,  interest  fund,  sinking  fund)  — 

apportionment  of,  to  districts — to  counties 11179  42 

building  fund 11152  31 

county,  by  whom  collected 11 165  36 

county  court  to  collect  and  distribute 11167  37 

county  court  to  have  jurisdiction  of 11167  37 

county  court  to  invest 11 165  36 

county,  from  what  source  derived 11165  36 

county,  how  invested 11165  36 

county,  how  loaned.  Const.,  art.  XI,  sec.  10 

county,  how  loaned,  how  secured 11165  36 

county,  income,  how  applied 11165  36 

county  officers  responsible  for,  when 11166  37 

county,  provided  for,  Const.,  art.  XI,  sec.  8 ... 

district,  loan  of  surplus 11228  78 

for  building  additions,  how  secured 11127  11 

for  furnishing  schoolhouse,  how  obtained 11127  11 

for  furnishing  schoolhouse 11152  31 

for  purchasing  sites,  how  obtained 11127  11 

for  repairs,  how  secured 11127  11 

interest  must  be  provided 11128  13 

not  to  be  loaned  to  certain  persons 11166  37 

public,  apportionment  to  counties 11179  42 

public,  apportionment  to  districts 11179  42 

public,  withheld,  when 11145  25 

school,  distribution  of.  Const.,  art.  XI,  sec.  2 

sinking,  must  be  provided 11128  13 

sinking,  provided  for,  Const.,  art.  X,  sec    12 

state,   appropriation   of,    for  school    purposes,    Const.,   art.    XI. 

sec.  6 

state,  how  invested.  Const.,  art.   XI,  sec.  9 

state,  provided  for.  Const.,  art.  XI,  sec.  6 

township,  capital  of,  how  invested 11172  39 

township,  care  of 11170  39 

township,  source  of 11169  38 

transfer  of,  when  county  lines  are  changed 11171  38 

transfer  permissible 1 1223  76 

Furnishing  schoolhouses — 

funds  for 11127  11 

Gifts — 

board  may  accept 1 1267  101 

High  schools — 

classification   of 11337  127 

establishment  in  city  and  town  districts 11241  84 

joint,  how  established 11218  71 

how  maintained 11218  71 

length  of  term 11218  71 

pupils  entitled  to  attend 11218  71 


228  Index. 

Section  Page 
High  Schools — Continued. 

inspection  by  state  superintendent 11337  127 

list  of  classified  to  be  published 11338  127 

may  be  reclassified,  when 11337  127 

work  accepted  on  entrance  to  state  schools 11337  127 

work  required  for  first  and  second  grade  certificates 11360  138 

attendance,  how  arranged 11125  10 

training  in  certain  counties 11322  119 

transportation 11125  10 

High  school  aid  law — 

state  aid,  how  received 1 1295  108 

state  aid  for  special  districts 11296  109 

application  for  aid,  made  when,  to  whom 11297  109 

county  clerk  to  certify  list 11297  109 

duties  of  state  superintendent 11297  109 

High  schools  for  colored  children — 

counties  having  a  certain  population 1  177 

how  governed  and  maintained 3  180 

provide  training  in  adjoining  counties  or  cities 4  180 

who  may  enter  and  how 2  179 

Holidays — 

named 1 1155  33 

when  may  be  claimed 11155  53 

Indebtedness — 

bonded,  cities,  counties,  etc.,  may  be  funded 1042  162 

must  be  paid  out  of  proper  fund 11222  74 

not  to  exceed  5  per  cent  valuation,  Const.,  art.  X,  sec.  12 ... 

not  to  exceed  revenue,  Const.,  art.  X,  sec.  12 .- 

Indigent  pupils — 

books  may  be  furnished 11385  149 

Inspection  of  schools — 

by  state  superintendent 11336,  126,  11338  127 

Institute  (see  colored  teachers'  institute). 

Interest — 

board  must  provide 11129  14 

board  to  make  provision  for 11133  15 

county  treasurer  to  collect 11168  38 

on  bonds  when  payable ; 11129  14 

warrants  not  to  bear 11159  35 

Library — 

board  created • 7188  156 

board  to  select,  classify  and  recommend  books 7189  156 

buildings  for 11127  11 

gifts  for 11267  101 

maintenance  of,  in  case  of  annexation 11320  118 

power  to  establish  in  cities 11243  85 

school  boards  to  purchase  books 7190  157 


Index.  229 

Section  Page 
Library  districts  and  free  county  libraries — 

board,  powers  of 3  209 

building  may  be  erected 7  211 

city  or  town  may  join  or  withdraw,  how f 6  210 

contracts  with  other  libraries 4  209 

county  library  districts  and  free  libraries  established,  how 1  207 

exempt  from  library  tax,  who 5  210 

librarians  attend  meetings 8  212 

library  board 2  208 

secretary  Missouri  library  commission,  duties  of 10  212 

service  to  be  given 9  212 

Lincoln  university — 

appointment  of  board 4  155 

appropriation 8  156 

board  of  curators — qualifications 2  155 

may  arrange  attendance  at  universities  in  adjacent  states 7  156 

name  changed 1  155 

old  board  of  regents  to  pass  to  new  board  of  curators 5  155 

organization  of  board  of  curators 6  156 

powers  and  duties  of  board 3  155 

Liquor — 

sale  to  students 11588  172 

Loan — 

abstract  title  to  be  filed 11173  39 

additional  security  may  be  required 11175  40 

cost  of  securities,  by  whom  paid. 11174  40 

duplicate  receipts  to  be  given 11177  41 

for  erecting  house,  building  addition,  etc 11127  11 

for  furnishing  schoolhouse 11127  11 

form  of  ballot , 11 127  1 1 

form  of  mortgage  to  secure 11174  40 

form  of  ballot  for  voting 11127  11 

for  purchasing  site,  repairing  house 11127  11 

method  of  voting 11127  11 

notice  sale  mortgaged  property 11174  40 

of  district  school  funds 1 1228  78 

question  of,  how  decided 11127  11 

rate  cannot  exceed  legal 11128  13 

restriction 11128  13 

voting 11416  170 

security  for 11173  39 

shall  not  be  for  longer  than  twenty  years 11128  13 

shall  not  exceed  five  per  cent,  etc 11128  13 

sinking  fund  provided 11128  13 

Lunches — 

provided  how 11134a  17 

Meetings  (see,  also,  annual  meeting,  special  meeting) — 

annual,  powers  of 11210  62 

annual,  when  and  where 11209  62 

calling  of,  to  form  district 11199  53 

county  superintendent  to  hold  six 11347  132 

of  board  to  employ  teachers 11137  19 

special,  of  board 11137  19 

special,  school • 11154  32 

when  district  in  two  counties.  .                      11207  59 


230  Index. 

Section    Page 
Misdemeanor — 

book  dealer  guilty  of,  when 11381 

director  guilty  of.  when 11161 

false  enumeration 11140 

for  using  other  than  adopted  books 11383 

granting  complimentary  grades  or  certificates 11367 

injuring  school  property 11 158 

officers  guilty  of,  when 11168 

parents  guilty  of,  when 11136 

publisher  guilty  of,  when 11392 

school  officers  guilty  of,  when 11158 

teacher  guilty  of,  when 11161 

textbook  commission 11383 

Negro  inspector — 

appointment  by  state  superintendent 1 

new  school  laws  enacted  by  the   51st   General  Assembly  of  the 

state  of  Missouri 

Night  schools — 

boards  education  may  establish 11315 

buildings  may  be  leased  for 11315 

Ninth  and  tenth  grades  in  local  districts — 

board  of  directors  may  provide 1 

by  petition 1 

Non-residents — 

admission  of 11135 

Normal  diplomas,  certificates — • 

may  be  revoked,  how,  by  whom 11502 

Notices — 

of  sale  of  mortgaged  property 11174 

of  special  meeting 11154 

special  school  election,  form  of 11127 

posted  when,  by  whom 11127 

to  increase  tax 11151 

to  teacher  against  whom  charges  are  made 11334 

to -vote  tax  for  building  purposes 11152 

Oath  of  office — 

county  superintendent 11345 

directors 11214 

state  superintendent 11333 

Organization- 
forfeited,  how 11124 

of  city  and  town  districts 11 236 

of  common  school  districts 11201 

of  new  common  school  districts 

of  consolidated  districts 11255 

of  unorganized  territory 11199 

Orphans — 

may  attend  school,  where .  11135          17 

Parent  or  guardian — 

guilty  of  misdemeanor,  when 11136  ,        19 

required  to  send  children  to  school 11323        119 


Index.  231 

Section  Page 
Physical  education,  provisions  for — 

act  does  not  apply,  where 6  200 

co-operate  with  state  commissioner  of  health 6  200 

empowered  to  raise  funds 5  200 

rights  of  school  boards  employing  thirty  or  more  teachers 4  199 

state  superintendent  to  adopt  rules  and  regulations,  duties  of.  .  1  198 

teacher  furnish  health  certificate 3  199 

teacher-training  institution,  duties  of 2  198 

Physiology  and  hygiene — 

instruction  in 11162  36 

Plat  of  district — 

clerk  required  to  file  copy 11226  77 

President  board  directors — 

must  sign  warrants 11223  76 

shall  sign  treasurer's  book 11222  74 

to  call  special  meetings 11137  19 

to  receive  traveling  expenses,  when 11222  74 

to  sign  contracts 11137  19 

Property — 

board  to  have  care  of 11134  16 

county  clerk  to  list  owners  of  personal 11183  46 

county  court  shall  resell,  when 11178  41 

court  may  appoint  agent  to  rent,  etc 11178  41 

court  may  purchase  mortgaged 11178  41 

division  of,  new  district 1 1204  58 

leased  or  rented,  under  control  of. 11191  50 

penalty  for  injuring 11158  34 

rights  waived 1 1204  58 

sale  of 11241  84 

sale  of  directed 11210  62 

sheriff  to  sell  mortgaged 11 176  40 

title  of,  in  whom  vested.  ^ 11191  50 

trespass  on 3402  16 1 

valuation,  when  divided 11204  58 

Public  park  and  playgrounds — 

how  obtain  site ? 11143,  24,  11243  85 

regulation  of 11243  85 

withheld  when 1 1145  25 

Publisher  (see  textbook  commission)  — 

bond  of 11374  146 

guilty  of  misdemeanor,  when 11383  148 

liable  upon  bond 1 1375  146 

lists  of,  to  be  sent  county  superintendents 11376  147 

must  show  ownership  of  house 11390  150 

not  to  control  prices 1 1389  149 

penalty  for  bribery  by 11393  150 

penalty  for  selling  without  license * 11392  150 

to  file  books  with  state  superintendent 11372  145 

to  file  sworn  statements 11372  145 

to  forfeit  contract,  when 11391  150 

to  furnish  list  and  sample  books 11377  147 

to  pay  filing  fees 1 1373  146 


232  Index. 

Section    Page 
Publisher  (see  textbook  commission) — Continued. 

to  preserve  standard  of  quality 11372        145 

to  reduce  prices,  when 11372        145 

Pupils — 

age  of  admission 11141          23 

board  may  admit  nonresident 11135          17 

board  may  suspend  or  expel,  when 11135          17 

examination  and  graduation  of 11347        132 

entitled  to  free  tuition,  when 11135          17 

enumerated 1 1 140          22 

examination  of,  by  physician 11136          19 

may  attend  in  other  districts,  when 11124            9 

may  be  excluded  for  contagion 11136          19 

may  be  excused  from  attending,  when 11324        120 

nonresident,  how  admitted 11135          17 

sale  of  liquor  to 1 1558        172 

sent  to  other  districts,  when 11124            9 

subject  to  medical  examination 11136          19 

who  may  attend  in  any  district 11135          17 

who  may  enter  high  school 11218          71 

work  of,  to  receive  credit .  11337        127 

Qualifications  of — 

county  superintendent 11343 

director 11213 

member  textbook  commission 11369 

state  superintendent 1 1333 

voter  at  school  meeting 11213 

Regents,  board  of — 

report  of  president 1 1505 

annual  report  of 11505 

compensation 11507 

duties  of  secretary 1 1507 

power  to  confer  diplomas 1 1502 

• 

Rehabilitation  of  disabled  persons — 

board  may  receive  gifts 5 

board  for  vocational  education,  duties  of 3 

co-operate  with  workman's  compensation  commission 4 

state  treasurer,  duties  of 1 

Religious  assemblies — 

disturbance  of '• 3498 

Repairs — 

funds  for,  how  secured 11127 

transfer  of  funds  for 1 1223 

Reports — 

county  clerk  to  state  superintendent 11185 

county  treasurer  to  county  court 11224 

county  superintendent  to  district  clerk 11346 

county  superintendent  to  school  board 11346 

county  superintendent  to  state  superintendent 11349 

district  clerk  to  county  superintendent 1 1219 

secretary  board  to  state  superintendent . 11266 


Index.  233 

Section  Page 
Reports — Continued. 

%tate  board  to  legislature 11402  '  154 

state  superintendent  to  legislature 11336  126 

teacher  to  county  superintendent 11349  133 

teacher  to  district  clerk 11227  78 

Request — 

of  users  of  volume  of  school  laws 4 

Revocation  of  certificates — 

by  county  superintendent 11364  141 

by  state  superintendent 11334  125 

charges  for,  how  made 11364  141 

normal  diplomas 11502  171 

Rules  and  regulations — 

become  effective,  when 11135  17 

clerk  to  supply  teacher  with  copy 11135  17 

made  by  board '.  .  .  .    11135  17 

part  of  contract,  when 11138  21 

Salaries — 

county  superintendents  in  certain  counties 11353  134 

method  of  ascertaining  population  to  determine  salary  of  county 

superintendent •„    11354  135 

School  (see  schools)  — 

age,  limits  of,  Const.,  art.  XI,  sec.  1 

day,  week,  month,  year 11155  33 

delinquent  taxes,  how  collected 11187  47 

duty  of  board  to  visit 1 1139  22 

fund,  by  whom  apportionment  is  made 11179  42 

holidays 11155  33 

law,  how  distributed 1 1334  125 

loan,  how  effected 1 1127  1 1 

money,  application  of 11159  35 

property,  trespass  on 3402  161 

site  cannot  be  abandoned,  when 11191  50 

site,  change  of 11210  62 

site  in  new  district 11210  62 

term,  length  of 11124  9 

term,  length  of,  how  determined 11210  62 

term,  length  of,  town  and  cities 1 1244  86 

term,  length  required 11211  66 

term,  same  for  white  and  colored 11145  25 

School  day,  week,  month   year — 

what  constitutes 11155  33 

Schoolhouse — 

additions  to 11127  11 

board  shall  not  allow  use  of,  when 11134  15 

board  to  keep  in  repair 11134  15 

board  to  rent,  when 11145  25 

funds  for  erecting 11127  11 

funds  for  furnishing 11127  11 

injury  of 3402  161 

levy  for,  how  determined 11210  62 


234  Index. 

Section    Page 
Schoolhouse — Continued. 

may  be  used  for  other  purposes,  when 11134          15 

swept  at  expenses  of  district 11134  ,       16 

tax  may  be  voted  for 11152          31 

use  for  religious  purposes,  etc 11210          62 

use  of  for  other  than  school  purposes 11134          16 

Schools  (see  school)  — 

classification  of 11123            7 

classification  of  high 11337        127 

church,  to  receive  no  state  aid,  Const.,  art.  XI 11        ... 

colored  children  cannot  attend  white 11144          25 

(see,  also,  sec.  3,  art.  XI,  Const.) 

control  of  joint,  where  vested 11145 

county  superintendent  has  supervision  over 11346 

expense  of  joint,  how  paid 11145 

high,  establishment  of 1 1225 

joint  high,  how  established,  etc 11218 

inspection  of 11334 

may  be  closed,  when — how 11124 

night,  boarde  may  establish 11315 

not  to  be  suspended,  when 11138 

public,  provided  for.  Const.,  art.  XI % 1        ... 

separate,  for  negro  children,  Const.,  art.  XI 3 

sites,  how  selected 11143          24 

truant,  may  be  established 11327        123 

visitation 11139          22 

white  children  cannot  attend  colored 11144          25 

Schools  in  cities  and  towns  (see  city  and  town  schools  and  districts) 

School  site — 

additional  grounds  for,  how  obtained 11143          24 

board  may  condemn 1 1 143          24 

boards  of  education  to  purchase .^ 11314        115 

change  of,  how  made 11210          62 

funds  for,  how  obtained 11127          11 

how  selected 11143          24 

location  of  in  new  district 11210          62 

site  cannot  be  abandoned,  when 11191          50 

title  to,  how  obtained 11143          24 

Seal —  • 

board  education  to  keep 11244          86 

Secretary  board  education — 

compensation  of 11209          62 

no  compensation  shall  be  granted,  when 11240          83 

shall  make  report  to  state  superintendent 11266        101 

Secretary  board  education — 

compensation  of 11240,  83,  11266        101 

term  begins,  when 11240          83 

Sinking  fund — 

boards  education  to  loan 10313        115 

board  may  invest  or  loan,  when 11134          15 

board  must  provide 11128          13 

may  be  invested,  when  and  how 11132          15 

provided  for,  Const.,  art.  X,  sec.  12 


Index.  235 

Section  Page 
Site,  school  house   (see  school  site)  — 

Smith-Hughes  enabling  act — 

advisors  to  boards  of  vocational  schools. 11281  106 

annual  report  required 11291  107 

appropriating  money 11293  107 

attendance — part-time  vocational  schools 11288  107 

expenditures  for  administration  of  act 1 1282  106 

federal  funds — available  when 11287  107 

inspection  and  approval  of  schools 1 1278  104 

money  used,  how 11294  107 

penalties 1 1292  107 

responsibility,  where  placed 1 1289  107 

schools  to  receive  aid,  when — how  much 11276  104 

state  board  to  make  report  to  general  assembly 11283  106 

state  board  of  education — may  excuse 11290  107 

state  standards 11286  106 

state  board  of  education,  duties  of 11271  102 

state  board  authorized  to  incur  expenditures 11272  103 

state  treasurer  custodian  of  funds 11273  103 

state  treasurer,  report  to  general  assembly 11274  103 

state  board  of  education,  duties  of 11275  103 

state  advisory  committee 1 1279  105 

state  superintendent,  executive  officer 11280  105 

vocational  education  fund 11277  104 

vocational  and  prevocational  education  denned 11284  106 

Special  charters — 

how  surrendered 11230  79 

Special  meetings — 

by  whom  called 11153  32 

called  by  board,  when 11154  32 

form  of  petition  for 11154  33 

form  of  notice  for 1 1 154  33 

manner  of  holding « 11154  32 

notice  to  be  given 1 1 154  32 

president  to  call 11 137  19 

power  of,  limited 11154  32 

record  to  be  kept 1 1 154  32 

State  aid — 

consolidated  district  (high  school) 11264  97 

consolidated  district  (elementary  school) 11265  98 

consolidated  district  (building) 11263  97 

high  school 1 1295  108 

high  school,  special  high  schools.  .  . 11296  109 

in  case  of  infectious  disease 11180  45 

rural  school,  one  teacher 11211  66 

rural  school,  two  or  more  teachers 11211  66 

rural  school,  in  consolidated  district 1 1265  98 

rural  school  (weak),  for  tuition 11212  68 

teacher-training 11299  110 

teacher-training  in  cities  of  75,000  and  over 11299  110 

vocational  aid  (Smith-Hughes  act) 11277  104 

State  board  education — 

duty  as  to  state  school  fund 11400  153 

duty  in  relation  to  swamp  lands 11399  153 

• 


236  Index. 

Section  Page 
State  board  education — Continued. 

how  composed 11398  152 

powers  and  duties 11398  152 

power  to  employ  attorney 11401  153 

provided  for,  Const.,  art.  XI,  sec.  4 

shall  establish  institutes  for  colored  teachers 11365  142 

shall  outline  institute  work 11365  142 

state  superintendent  president 11398  152 

to  make  report  to  general  assembly 11402  154 

State  superintendent — 

annual  report  of 11336  126 

apportionment  of  state  funds  by 11179  42 

bond  and  qualification  of 11333  125 

duties  and  powers  of 11334  125 

election  and  term  of 11332  124 

examination  of  teachers  by 11334  125 

inspection  of  high  schools  by 11336  126 

inspect  special  classes  of  defectives 11149  28 

may  classify  high  schools 11181  45 

may  correct  error  in  apportionment 11337  127 

may  employ  chief  clerk 11335  126 

may  require  reports 11334  125 

may  revoke  certificates 11334  125 

not  permitted  to  act  as  agent 11340  128 

president  state  board  of  education 11398  152 

school  visitation  by 11336  126 

to  advise  officers 11336  126 

to  call  convention  county  superintendents 11351  133 

to  furnish  blanks 11350  133 

to  furnish  list  of  publishers,  etc 11376  147 

to  prescribe  form  for  blanks ' 11339  127 

vacancy  in  office,  how  filled 11332  124 

Summer  schools  (see  approved  summer  schools). 
Supervision,  county  (see  county  superintendent). 

Swamp  lands — 

duty  state  board  education 11401,  153,  11399  153 

Taxes  (see  funds)  — 

compensation  county  collector  for  collecting.  - 11186  47 

county  clerk  to  assess  building 11152  31 

county  clerk  to  assess,  when 11151  30 

delinquent,  how  collected 11187  47 

increase,  by  whom  voted? 11151  30 

levy  for  schoolhouse 11210  62 

levy  increased,  how 11151  30 

levy,  purposes,  limitations • 11183  46 

may  be  increased  for  school  purposes 11151  30 

may  be  voted  for  building  purposes 11152  31 

maximum  rate  (Const.,  art.  X,  sec.  ll) 

proposition  to  increase  levy 11151  30 

provision  for  (Const.,  art.  X,  sec.  ll) 

qualified  voters  may  vote 11152  31 

Teacher — 

board  cannot  dismiss.  .  .                                                                  11138  21 


Index.  237 

Section  Page 
Teacher — Continued. 

board  may  refuse  to  pay,  when 11138  21 

board  to  employ,  when 11137  19 

cannot  serve  as  clerk 11137  19 

contract,  form  of.  .' 11137  21 

director  cannot  serve  as • 11137  19 

duty  to  attend  association 1 1348  132 

examination  of,  county 11359  138 

guilty  of  misdemeanor,  when 11161,  36,  11383  148 

may  exclude  children  with  contagion,  when 11136  19 

not  to  be  paid,  when 11160  35 

not  to  receive  salary,  when 11227,  78,  11349  133 

state  superintendent  may  examine 11334  125 

to  be  furnished  with  enumeration  lists 11326  122 

to  forfeit  salary,  when 11161  36 

to  have  legal  certificate 11160  35 

to  keep  daily  register ^ 11 164  36 

to  make  monthly  and  term  reports 11227  78 

to  make  term  report  to  county  superintendent 11349  133 

to  report  nonattendants 1 1326  122 

to  sign  contracts 11137  19 

warrants,  how  paid,  to  whom  paid 11159  35 

Teacher- training — 

teacher-training  courses,  provisions  for 11298  110 

state  aid,  amount  of,  payable  how 11299  110 

state  aid,  when  more  than  one  high  school 11300  111 

inspector  of  teacher-training 11301  111 

state  superintendent,  duties  of 11302  111 

examination  of  graduation 1 1303  111 

certificate  of  graduation 11304  .  112 

Teacher-training  in  cities  of  75,000  and  over 11309  113 

Teacher-training  high  school  summer  schools — 

board  of  education  to  make  necessary  rules,  etc 11305  112 

credit  of  work  to  students 1 1306  113 

grades  accepted  for  county  certificates 11308  113 

length  of  term 11307  113 

Teeth,  instruction  in  care  and  hygiene  of — 

chapter  edited  by  competent  committee 1  181 

misdemeanor  to  use  other  text 2  181 

Term — 

length  of 11124,  9,  11229  79 

length  of,  city  and  town  districts 1 1244  86 

length  of,  how  determined 11210  62 

length  required 11211  66 

of  office,  county  superintendent 1 1343  129 

same  for  white  and  colored  children 11145  25 

Textbook  commission  (see  publisher)  — 

adopted  books  to  be  used  exclusively 11378  147 

attorney-general  to  enter  proceedings,  when 11391  150 

books  for  indigent  children 11385  149 

cities  and  towns  exempt 11371  145 

dealer  to  sell  at  not  more  than  15  per  cent  profit 11381  148 

exchange  price  of  books 11382  148 


238  Index. 

Section  Page 
Textbook  commission   (see  publisher) — Continued. 

how  composed 11369  144 

ineligible,  who 1 1369  144 

meetings  of 1 1370  144 

penalty  for  using  other  than  adopted  books " 11383  148 

president  of 11370  144 

quorum .     1 1369  144 

remuneration 11370  144 

selection  of  books,  what  considered 11380  148 

supplementary  books  may  be  used 11384  149 

to  advertise  before  making  changes 11379  148 

to  enter  into  contract  for  five  years 11378  147 

to  make  adoptions  from  filed  list 1 1371  145 

traveling  expenses,  how  paid 11377  144 

vacancies,  how  filled 11369  144 

Textbooks — 

free 1 1394  150 

district  may  furnish,  how 11394  150 

foreign  insurance  to  districts 11395  151 

funds  apportioned  for  textbooks  only 11396  152 

secretary  of  state,  agent 1 1397  152 

Textbooks,  free  for  poor  children 11386  149 

Textbooks,  free  for  indigent  pupils 11385  149 

Town  school  districts   (see  city  and  town  districts). 

Township  treasurer  (see  treasurer  and  county  treasurer)  — 

penalty  for  failure  to  make  settlement :  .  .  .    11190  49 

settlement  of 11189  48 

to  be  responsible,  when 11127  11 

to  countersign  bonds 11127  11 

Transportation  of  pupils — 

may  be  provided 11125  10 

may  be  provided 11126  10 

Traveling  expenses  and  clerical  help  for  county  superintendents.  .  .  .    11356  135 

Treasurer  (see  county  treasurer,  township  treasurer)  — 

board  of  education,  collector  pays  money  to 11250  88 

board  of  education,  compensation 11266  101 

board  of  education,  compensation 1 1240  83 

liability  of 11246  87 

money  paid  to 11247  87 

settlement  of 1 1248  87 

county,  bond 1 1 188  47 

compensation  of.  . 11188  47 

duties 11188  47 

give  duplicate  receipts 1 1 168  38 

settlement  of 11189  48 

statement  to  district  clerk 11189  48 

to  collect  interest 11168  38 

custodian  district  moneys 11245  86 

penalty  for  failure  to  make  settlement 11190  49 

suit  against,  how  brought 1 1245  86 


Index.  239 
% 

Section  Page 
Treasurer  (see  county  treasurer,  township  treasurer — Continued. 

to  be  responsible,  when 11127  11 

town  or  city  district,  to  receive  money 11250  88 

township,  settlement 11189  48 

Truant  schools — 

boards  may  establish 11327  123 

Tuberculosis,  cause  and  prevention — 

instruction  in 11162  36 

Tuition — 

board  responsible  for,  when 11146  27 

how  collected 11146  27 

to  be  paid  by  nonresidents,  fixed  by  board 11135  17 

to  be  prorated,  when — how 1 1 146  27 

tuition  of  colored  children  to  be  paid,  when 11146  27 

who  entitled  to  free 11135  17 

Unorganized  territory — 

attached  to  adjoining  districts,  how 11199  53 

incorporation  of,  how 11199  53 

incorporation  of,  not  provided  in  sec.  11199 11200  54 

Vacancy — 

board,  county  superintendent  may  fill,  when 11216  70 

board  directors,  how  filled 11210  62 

office,  county  superintendent,  how  filled 11343  129 

office,  state  superintendent,  how  filled 11332  124 

textbook  commission 11369  144 

Visitation — 

schools 11139  22 

Vocational  education — 

advisors  to  boards  of  vocational  schools 11281  106 

annual  report  required 11291  107 

appropriating  money 1 1293  107 

attendance — part-time  vocational  schools 11288  107 

expenditures  for  administration  of  act 11282  106 

federal  funds,  available  when 11287  107 

inspection  and  approval  of  schools 1 1278  104 

money  used,  how 1 1294  107 

penalties 1 1292  107 

responsibility,  where  placed 1 1289  107 

schools  to  receive  aid,  when — how  much 11276  104 

state  board  to  make  report  to  general  assembly 11283  106 

state  board  of  education 11290  107 

state  standards - 1 1286  106 

state  board  of  education,  duties  of 11271  102 

state  board  authorized  to  incur  expenditures 11272  103 

state  treasurer  custodian  of  funds 11273  103 

state  treasurer,  report  to  general  assembly 11274  103 

state  board  of  education,  duties  of 1 1275  103 

state  advisory  committee 11279  105 

state  superintendent,  executive  officer 11280  105 

vocational  education  fund 11277  104 

vocational  and  prevocational  education  defined 11284  106 


240  Index. 

Section    Page 
Volume  of  school  laws — 

is  state  property 3 

Voters — 

qualified,  may  vote  building  tax 11152          31 

qualified,  who  are 11213          68 

petition  by  qualified 11154          32 

Warrants — 

form  of 11223  76 

must  be  on  proper  fund 1 1223  76 

no  partial  payments  on 11223          76 

not  to  bear  interest 11 159          35 

not  to  be  paid,  when 11159  35 

paid  out  of  current  funds 11159          35 

teachers,  how  paid : 11159          35 

teachers,  to  whom  paid 11159          35 

to  be  drawn  on  appropriate  funds 11445        171 

Week,  school   (see  school  day,  etc.). 

White  children — 

cannot  attend  colored  school 11144 

separate  schools  for •  1 1 144 

V 


478376 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


